08-27-08 Item 13South Miami
AMMeftift
�— CITY OF SOUTH MIAMI 1111.
INCORPORATED • OFFICE OF THE CITY MANAGER
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C p Ry0
INTER- OFFICE MEMORANDUM 200
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 19, 2008 Agenda Item No.:
Subject: Construction Contract with M. Vila and Associates, Inc. for Sunset Drive
Improvements — Phase II
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 M. VILA & ASSOCIATES, INC. FOR CONSTRUCTION
OF SUNSET DRIVE IMPROVEMENTS — PHASE II IN AN AMOUNT OF
$523,826.15 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106-
1726- 536 -6301; STORMWATER TRUST FUND ACCOUNT NUMBER 111 -1730-
541 -3450; THE PEOPLE'S TRANSPORTATION FUND ACCOUNT NUMBER
124 - 1730 - 541 -3450; AND THE LOCAL OPTION GAS ACCOUNT NUMBER 112-
1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute a construction agreement with M. Vila
and Associates, Inc. for the Sunset Drive Improvements — Phase II.
Reason /Need: Sunset Drive Improvements Phase II Project will provide for much needed
paving and drainage improvements for existing City of South Miami City
Hall public parking, as well as for streets adjacent to City Hall and Public
Library. Sunset Drive Improvements Phase I & II had been publicly bid
previously to secure competitive prices. However due to limited funding at
the time of award, only Phase I of the project was approved and passed
by City Resolution No. 18 -08- 12615. Since then, the City has secured
additional funding to complete Phase II. of the project and is now prepared
to authorize construction of Sunset Drive Improvements -Phase II to M.
Vila & Associates under the previously secured contract bid prices.
Cost: $523,826.15
Funding Source: The construction cost for Sunset Drive Improvements -Phase II project is
$523,826.15. The construction cost will be funded as follows:
Account Number Amount Account Balance
106 - 1726- 536 -6301 $ 300,000.00 $ 30.0,000.00
111 - 1730 - 541 -3450 $ 70,000.00 $ 72,957.60
124 - 1730 - 541 -3450 $ 78,000.00 $ 80,000.00
112 - 1730 - 541 -3450 $ 75,826.15 $ 76,822.50
Page 2 of 2
Comm. Agenda Item No.:
August 19, 2008
Backup Documentation:
D
e
a
Proposed Resolution for Sunset Drive Improvements Phase II
Approved Resolution No. 18 -08 -12615 for Sunset Drive
Improvements Phase I
Sunset Drive Improvements Phase II Contract Bid Prices
Engineer of Record's Letter of Recommendation for Sunset Drive
Improvements Phase II
Project Map
Copy of Section 00500 (Contract) for Sunset Drive Improvements
Phase II
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 M. VILA & ASSOCIATES, INC. FOR CONSTRUCTION OF SUNSET
DRIVE IMPROVEMENTS — PHASE II IN AN AMOUNT OF $523,826.15 TO BE
CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
GRANT ACCOUNT NUMBER 106 - 1726- 536 -6301; STORMWATER TRUST FUND
ACCOUNT NUMBER 111 - 1730 - 541 -3450; THE PEOPLE'S TRANSPORTATION FUND
ACCOUNT NUMBER 124 - 1730541 -3450; AND THE LOCAL OPTION GAS ACCOUNT
NUMBER 112 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements at
City of South Miami City Hall public parking, as well as on streets adjacent to City Hall and Public Library
(known as Sunset Drive Improvements -Phase II),. and
17 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
18 construction contract with M. Vila & Associates for the Sunset Drive Street Improvements — Phase II
19 project in an amount of $523,826.15.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
22 THE CITY OF SOUTH MIAMI, FLORIDA THAT:
23
24 Section 1: That the Mayor and City Commission authorize the City Manager to execute
25 construction contract with M. Vila & Associates for Sunset Drive Improvements — Phase II project in an
26 amount of $523,826.15.
Section 2: That the project's construction cost shall be charged to the following account
numbers with associated balances:
Account Number
Amount
Account Balance
106 - 1726- 536 -6301
$ 300,000.00
$ 300,000.00
111- 1730 - 541 -3450
$ 70,000.00
$ 72,957.60
124 - 1730 - 541 -3450
$ 78,000.00
$ 80,000.00
112 - 1730 - 541 -3450
$ 75,826.15
$ 76,822.50
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
52
day of , 2008.
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:
SUNSET DRIVE IMPROVEMENTS - PHASE II
(City Hall Improvements)
CITY OF SOUTH MIAMI, FLORIDA
as prepared by Corzo Castella Carballo Thompson Salman, P.A. 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 sixty (60) calendar days after the
commencement date established in the Notice to Proceed. The work shall be
completed and ready for final payment within sixty (60) calendar days from the date
certified by City's Project Engineer as the date of substantial completion.
00500 -1 1929 -26
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 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 Five Thousand
Dollars ($5,000.00) 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 1929 -26
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 1929 -26
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 Sunset Drive Improvements —
Phase I & II (SW 62nd Avenue to US -1 and City Hall) Phase I & II, City of South
Miami, City's BID No.: Cl 07- 1205" 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
00500 -4 1929 -26
continue until disposition of any mediation, claims, litigation or appeals.
1.15 OWNERSHIP OF DOCUMENTS
All documents, reports, plans, specifications or other records, including electronic
records, resulting from the services rendered by the Contractor under this contract
shall be deemed the property of the City and the City shall have 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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
00500 -5 1929 -26
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 1929 -26
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."
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 120
Secretary
END OF SECTION
00500 -7 1929 -26
Ti
August 7, 2008
Engineers City of South Miami
Architects Public Works Department
P l a n n e r s 4795 SW 751" Avenue
Miami, Florida 33155
EB0005022
AAC002142
Attention: W. AJibola Balogunr REM
City Manager & Public Works Director
Reference: Sunset Drive Improvements Phase 11 (City Hall Improvements)
City of South Miami
Old No. C107 -1205
C3TS Project No.: 1929-26
Dear Mr. Balogun:
The bids for the above referenced project were carefully reviewed immediately following the Bid
Opening on December 5, 2007. The Phase I portion of the work was awarded to M., Vila &
Associates as the lowest responsible, responsive bidder on both the Base Bid and the Base Bid
plus Additive Bid Alternate (Phase II). Due to budget constraints, the original City award did not
Include the Additive Bid Alternate.
It is our understanding that the City now has the funds budgeted to complete the work covered
under the Phase II Additive Bid Alternate. We recommend that the Additive Bid Alternate
contract be awarded to M. Vila & Associates, Inc., in the amount of $523,826.15 for Sunset
Drive Improvements Phase 11; their construction experience is directly applicable to this project,
and their references were very favorable. We have contacted M. Vila & Associates regarding
their position as the low bidder, they are looking forward to working for the City on this project.
If you have any questions, or deed additional information, please do not hesitate to contact our
office at (305) 445 -2900.
Sincerely,
Corzo Castella Carballo Thompson Salman, P.A.
Ra on Castella, P.E.
Principal
XW192FZ/ 3mm Ddn Inprwwwftft"* 05 Bid CowdwmWfte Ar8rd L WN Phm 11.400
901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366
Web Site: vrww.c31s.com Eaual Onnertunity Fmnln%mr
SUNSET DRIVE IMPROVEMENTS - PHASE I & II
SW 62nd Avenue to US -1 and City Hall
CITY OF SOUTH MIAMI, BID NO. Cl 07.1205
C3TS Project No.: 1929 -26
ADDITIVE SID ALTERNATE
(This additive bid alternate encompasses all work described in the plans, specifications and contract documents
as Phase II, and generally consists of improvements in and around the City Hall facility).
UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Roadway & Drainage (A -RD) Items
A -RD -1 Standard clearing & grubbing including
demolition, removal and disposal of existing
pavement and base
1 L.S.
$ 9,5-414111§ 7,-4 i94'41
A -RD -2
Demolition, removal, disposal, and backfilling of
existing drainage systems
1 L.S.
$ 314'00.9/ $ 31400• W
A -RD -3
Demolition, removal and disposal of existing
sidewalk
1,364 S.F.
$
A -RD-4
Demolition, removal and disposal of existing
concrete curb & gutter, curb or valley gutter
1,073 L.F.
$ 9, ?5 g x,315.75
A -RD -5
Utility and drainage manhole cover and valve
adjustment
1 L.S.
$ 7-52-o"01 1
A -RD-6
Removal, pruning, cutting, disposal, relocation
and /or transplanting of all trees, shrubs and
groundcover as required
1 L.S.
$ 2, 5)k•5.3 $ 2,51h -,53
A -RD -7
Pavement milling (1" depth)
3,775 S.Y.
$ .�-%'i $ /4i ��� •7�
A -RD-8
S -3 Asphalt overlay (1" depth)
3,775 S.Y.
$ 24, 53 %- 54
A -RD-9
New asphalt pavement (including sub -grade
preparation, limerock base and asphalt)
3,163 S.Y.
$ 2-/X i $ &/`/,2:3J'07
A -RD -10
Type "F" colored concrete curb and gutter or
valley gutter
357 L.F.
$ 2 °' $
A -RD -11
Type "D" colored concrete curb
1,191 L.F.
$ A/• 2-3 3
A -RD -12
Concrete filled steel bollards, including concrete
base.
2 EA.
Name of Bidder
Signaturtrof
Bidder
00300-12
1929 -26
`
SUNSET DRIVE IMPROVEMENTS - PHASE 1 811
SW 62nd Avenue to US -1 and City Hall
CITY OF SOUTH MIAMI, BID
NO. Cl 07 -1205
C3TS Project No.:
1929 -26
UNIT
ITEM
DESCRIPTION
QUANTITY UNIT
PRICE AMOUNT
A -RD -13
Concrete colored /gray sidewalk and driveway
aprons (4" thick, 6" at driveways), including cut
and fill, subgrade prep., colored concrete
handicap ramps, sidewalk finishes and
providing and resetting water meter boxes, etc.,
2,404 S.F.
A -RD -14
Back of sidewalk area restoration (including
sod, landscaping & asphalt or paver driveways
and sidewalks, with edge concrete curbing, as
needed)
1 L.S.
$ $ Z, 5/ �'• 5�
A -RD -15
Colored concrete vehicular surface (9" thick)
including excavation, reinforcing steel and
subgrade preparation
2,590 S.F.
$ P $ .51, ?5- ?4
A -RD -16
Grass pavers in Sylva Martin Parking lot,
Including colored concrete walkway (including
sub -grade prep. pavers, grass seed, etc.)
4,453 S.F.
$ $
A -RD -17
Dedicated paver stones area in front of Sylvia
Martin Building (including paver stones, sand
bed, 4" concrete base, subgrade preparation,
657 S.F.
9•y/ ��ltit'�%
etc.)
A -RD -18
Exist catch basin - adjust frame and grate,
6 EA.
$ 272 016 X
rebuild apron
A -RD-19
Type'P' catch basin or manhole structure,
including structure, inlet, frame and grate ring
6 EA.
$7�2� �% $ �5flrav' ��
and cover
A -RD -20
5 ft. wide exfiltration trench
300 L.F.
$ $ 551 d��• vu
A -RD -21
15" HDPE solid pipe
250 L.F.
$ $ °I, 7 05 -0 4'
Sub -Total A -RD Items
$ 4)1,324-32-
Pavement Marking & Signing (A -PMS) Items
including street name
A -PMS -1
R1 -1 Stop sign assembly,
7 EA.
$ a95 a� $ 2�1Lc5 -otl
signs.
A -PMS -2
4" white /yellow traffic stripe
2,266 L.F.
$ n• 3% $
A -PMS -3
4" blue traffic stripe
200 L.F.
$ 0.35 90- "o_
1•VILQ 4350E
Name of Bidder
Signature
of Sidder
00300-13
1929 -26
SUNSET DRIVE IMPROVEMENTS - PHASE I & Il
SW 62nd Avenue to US -1 and City Hall
CITY OF SOUTH MIAMI, BID NO. Cl 07.1205
C3TS Project No.: 1929 -26
UNIT
ITEM
DESCRIPTION
QUANTITY
UNii
PRICE
AMOUNT
A -PMS -4
18" white traffic stripe
80
L.F.
/• eO
a. dv
A -PMS -5
24" white traffic stripe
40
L. F.
/• 20
as
A -PMS -6
H/C parking sign and pavement symbol
6
EA.
$ ?9-5. o1'
$ b. au
A -PMS -7
Single parking meter pole
2
EA.
i✓a -uv
$ /i qoo,uv
A -PMS -8
Reflective pavement markers, as directed by
Engineer
1
L.S.
ev
$ `oyzo
A -PMS -9
Removal & relocation of existing signs
1
L.S.
$ 2ev; clo
$ ou
Sub -Total A -PMS Items
$ I 0
Landscape/lrrisiation
(A -LI) Items
A -LI -1 .
Glaucous Cassia (10' tall x 5' spread, 5' CT)
1
EA.
$ /6k• 0"
$
A -LI -2
Bridalveil (12'tall x 4'spread, 2" cal.)
8
EA
34 ?• ou
2
A -LI -3
Spindle Palm (12' tall)
4
EA.
s 43y • 0v
$
A -LI-4
Royal Palm (18'tall)
9
EA.
_$
&o5.av
A -LI -5
Christmas Palm (16' tall)
3
EA.
$ 252.0✓
75?.•
A -1-I -6
Cocopium (3 gal. cans)
100
EA.
$ ? 50
$ 956• clo
A -LI -7
Wart Fern (1 gal. cans)
80
EA.
$ y y?
$ 351•G.L
A -LI -8
Ficus Green island (3 gal. cans)
94 '
EA.
$ y°
$ 7C4�• v;�
A -LI -9
Wax Leaf Privet (12' tall & 10' spread, freeform -
Florida Fancy
2
EA.
$
A -LI -10
Crown of Thorns (3 gal. cans)
32
EA.
$
Zgz.00
A -LI -11
Ixora Nora Grant (3 gal. cans)
280
EA.
$ ? 50
$ 2 / /o0 -00
A -LI -12
Dwarf Schefflera (3 gal. cans)
368
EA.
$ 2�1 $ Z10la 32
A -LI -13
Podocarpus (5' tall)
32
EA.
•_
$ i 7.ou
2- ,944.0,
A -LI -14
Bahama Firebush (3 gal. cans)
58
EA.
$ 7•'1% �!� 34/. y�
A -LI -15
Pentas (1 gal. cans)
80
EA.
$ /%
$ 2.6 - 2z'
_ /i'! • VI to
r
Name of Bidder
Signature of Bidder
00300-14
1929 -26
•
SUNSET D RIVE IMPROVEMENTS PHASE 18 II
SW 62nd Avenue to US -1 and City Hall
CITY OF SOUTH MIAMI, BID NO. C107 -1205
C3TS Project No.: 1929 -26
ITEM
DESCRIPTION QUANTITY
UNIT
UNIT
PRICE AMOUNT
`-
A -LI -16
St. Augustine Sod 1,000
EA.
$
A -LI -17
Planting Soil 1
L.S.
A -LI -18
Mulch 1
L.S.
A 5� •�i /c,,oa
A -LI -19
Irrigation system complete, including controller
vacuum breakers, and coordination with and
cost of MDWASD water meter, etc. 1
Sub -Total A Items
L.S.
25W. vu
-L/
$_ j/ �/• ��
General
A
(A -G) Items
-G -1
Maintenance of traffic, including traffic control,
pedestrian and vehicular access, signs,
barricades and flaggers, and off -duty police
officer, as required by Engineer, County and /or
City 1
L.S.
/� �5U•�'' $ Le'So.u0
A -G -2
Performance and Payment Bond 1
L.S.
A -G -3
Project Signs 1
L.S.
$ t/a3, 70 $ 40�• 7v
A -G-4
Safety Act 1
L.S.
$24 Z1 - • a 2%
A-G -5
Advance exploration of existing utilities 1
L.S.
$ &12 • I t $ t"72_11
/
A -G -6
Record As -built drawings 1
L.S.
•
A -G -7
Owner's Contingency 1
L.S.
MAO-000 50 000.00
Sub -Total A -G Items
$
GRAND TOTAL (ADDITIVE BID ALTERNATE) IN FIGURES (LUMP SUM): $3,
GRAND TOTAL - ADDITIVE BID ALTERNATE (WRITTEN) :
r1t -
W6("P 7m,16Vf� 7Hn�
,yoa udt) ei 6AT 10421?CO ,/ SJY D61 d7'
AND
si�rF�cl rI.
Bidder: M - V I L�4 S7 Qe"Sou161, , I iJC. •
__
By: uT. L VItj,
..
Title: t/. .
Telephone:
Fax: �✓°�" °U�o-000�
00300-15
1929 -26
RESOLUTION NO.: 18 -08 -12615
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH M. VILLA & ASSOCIATES, INC. FOR SUNSET DRIVE
IMPROVEMENTS — PHASE 1 CONSTRUCTION IN AN AMOUNT OF $2,146,634.18
TO -BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S (FDEP) GRANT ACCOUNT NUMBERS 106 -1726- 536 -6550 AND
106 - 1727 - 536 -6550; THE PEOPLE'S TRANSPORTATION PLAN (PTP) FUND
ACCOUNT NUMBER 124 -1730 -541 -3450, STORM WATER TRUST FUND ACCOUNT
NUMBERS 111 - 1730 - 541 -3450 AND 111 - 1730 - 541 -6490, THE CITY'S MATCHING
ACCOUNT NUMBERS 001 - 2100-5519 -3171 AND 001 - 2100 - 519 -9932; AND THE
ENCUMBRANCE RESERVE CARRY OVER FOR THE YEAR ENDED 09/30/07 FROM
ACCOUNT NUMBER 001 - 2100 - 519 -9920; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements and
traffic calming along Sunset Drive from SW 62nd Avenue to US -1 (known as Sunset Drive Improvements
- Phase 1); and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with M. Villa & Associates, Inc. for the Sunset Drive Improvements — Phase 1
project In an amount of $2,146,634.18.
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 M. Villa & Associates, Inc. for the Sunset Drive Improvements — Phase 1
project in an amount of $2,146,634.18.
Section 2: That the project's construction cost shall be charged to the following accounts with
the associated balances:
Account No.:
106 - 1726 -536 -6550
106 - 1727 - 536 -6550
124 -1730- 541 -3450
111- 1730- 541 -3450
111 -1730 -541 -6490
001 - 2100 - 519 -3171
001 - 2100- 519 -9932
001 - 2100- 519 -9920
Amount
$662,000.00
$298,476.18
$601,158.00
$ 30,000.00
$160,000.00
$175,000.00
$ 70,000.00
$150,000.00
Page 3 of 6
Account Balance
$662,000.00
$298,477.00
$601,158.00
$162,357.60
$160,000.00
$175,000.00
$ 70,000.00
$199,040.41
2 of Res. No. 18 -0.8 -' ?1615
Section 3: The attached exhibit is incorporate by reference Into this resolution.
PASSED SED AND ADOPTED this day of 7 7 , 2008.
ST: APPROVED:
bFrY CLERK MXYOR
READ AND AP VE AS TO FO M: COMMISSION VOTE: 5 -0
Mayor Feliu: Yea
C Vice Mayor Wiiscombe: Yea
`.� Commissioner Palmer. Yea
CITY ATT Y Commissioner Birts: Yea
Commissioner Beckman: Yea
Include File Name and Path
South Miami
Ammedcacinr
• ,„ CITY OF SOUTH MIAMI 1 r
'�c 1027 P OFFICE OF THE CITY MANAGER
o Rro
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, Director ,
Public Works & Engineering Department
Date: February 5, 2008 Agenda Item No.:
Subject: Construction Contract with M. Villa & Associates, Inc. for Sunset Drive
Improvements — Phase 1
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 M. VILLA & ASSOCIATES, INC. FOR SUNSET DRIVE
IMPROVEMENTS — PHASE 1 CONSTRUCTION IN AN AMOUNT OF
$2,146,634.18 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION'S (FDEP) GRANT ACCOUNT NUMBERS
106 - 1726- 536 -6550 AND 106 - 1727 - 536 -6550; THE PEOPLE'S
TRANSPORTATION PLAN (PTP) FUND ACCOUNT NUMBER 124- 1730 -541-
3450, STORM WATER TRUST FUND ACCOUNT NUMBERS 111- 1730 -541-
3450 AND 111 - 1730 - 541 -6490, THE CITY'S MATCHING ACCOUNT NUMBERS
001- 2100 - 519 -3171 AND 001 - 2100 -519 -9932; AND THE ENCUMBRANCE
RESERVE CARRY OVER FOR THE YEAR ENDED 09/30/07 FROM ACCOUNT
NUMBER 001 - 2100 -519 -9920; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute construction agreement with M. Villa &
Associates, Inc. for Sunset Drive Improvements — Phase 1.
Reason /Need: In accordance with the adopted conceptual design for Sunset Drive
improvements, we have completed the final construction design plans
and bid phase analysis for the project.
In an effort to secure competitive prices, Phases 1 & 2 of the project were
advertised to bid, with phase II to be added or awarded for construction
when funding becomes available. The Notice of Bid Invitation for the
construction bid was publicly advertised on November 5, 2007 and
November 13, 2007, with pre -bid conference held on Monday, November
19, 2007. The sealed bids were publicly opened on Wednesday,
December 5, 2007. Five bidders responded with bids ranging from
$2,146,634.18 to $3,588,443.00 for phase 1. Although the Bid Opening
Report shows Solo Construction's bid as $1,979,897.50, but after
reviewing and tabulating the bids we found -out that Solo Construction
made a mathematical error, thus changing their bid to $2,289,897.50. We
have worked with our engineering consultant (C3TS) to review the rest of
the bids and check references. Attached is the recommendation letter
Page 1 of 6
submitted by C3TS recommending M. Villa & Associates, Inc. as the
lowest responsive bidder.
Cost: $2,146,634.18
Funding Source: Funding will be from the following account numbers:
Account No. Amount
106- 1726- 536 -6550 $662,000.00
Account Balance
$662,000.00
106 - 1727 - 536 -6550 $298,476.18
$298,477.00
124- 1730- 541 -3450 $601,158.00
$601,158.00
111- 1730- 541 -3450 130,000.00
$162, 357.60
111 -1730- 541 -6490 $160,000.00
-$160,000.00
001 - 2100 - 519 -3171 $175,000.00
$175,000.00
001-2100-519-9932- $70,000.00
$ 70, 000.00
001 - 2100 - 519 -9920 $150,000.00
$199,040.41
Backup Documentation:
❑ 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
❑ The Project's Conceptual Design Plans
Page 2 of 6
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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
51
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 M. VILLA & ASSOCIATES, INC. FOR SUNSET DRIVE
IMPROVEMENTS — PHASE 1 CONSTRUCTION IN AN AMOUNT OF $2,146,634.18
TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S (FDEP) GRANT ACCOUNT NUMBERS 106 - 1726- 536 -6550 AND
106 - 1727 - 536 -6550; THE PEOPLE'S TRANSPORTATION PLAN (PTP) FUND
ACCOUNT NUMBER 124- 1730 - 541 -3450, STORM WATER TRUST FUND ACCOUNT
NUMBERS 111 - 1730 - 541 -3450 AND 111 - 1730 - 541 -6490, THE CITY'S MATCHING
ACCOUNT NUMBERS 001 -2100- 519 -3171 AND 001- 2100 -519 -9932; AND THE
ENCUMBRANCE RESERVE CARRY OVER FOR THE YEAR ENDED 09130/07 FROM
ACCOUNT NUMBER 001 -2100- 519 -9920; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements and
traffic calming along Sunset Drive from SW 62nd Avenue to US -1 (known as Sunset Drive Improvements
— Phase 1); and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with M. Villa & Associates, Inc. for the Sunset Drive Improvements — Phase 1
project in an amount of $2,146,634.18.
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 M. Villa & Associates, Inc. for the Sunset Drive Improvements — Phase 1
project in an amount of $2,146,634.18.
Section 2: That the project's construction cost shall be charged to the following accounts with
the associated balances:
Account No.:
106 -1726- 536 -6550
106 - 1727- 536 -6550
124 - 1730 - 541 -3450
111 - 1730 - 541 -3450
111- 1730- 541 -6490
001 - 2100 -519 -3171
001 - 2100- 519 -9932
001 - 2100 - 519 -9920
Amount
$662,000.00
$298,476.18
$601,158.00
$ 30,000.00
$160,000.00
$175,000.00
$ 70,000.00
$150,000.00
Page 5 of 6
Account Balance
$662,000.00
$298,477.00
$601,158.00
$162,357.60
$160,000.00
$175,000.00
$70,000.00
$199,040.41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Section 3: The attached exhibit is incorporate by reference into this 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 Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
ou
I -'' )fl BID OPENING REPORT
1927 P
)Rx�
Bids were opened on: Wednesday, December 5, 2007 at: 3.05j)m
For: Sunset Drive Improvements Phase I & II -007 -1205
Pre -Bid Estimate: $2.3M
CONTRACTORS:
`F, rD,
BID AMOUNTS:
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED.
THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY
REVIEWED.
City Clerk's
2. a
'o
4.
5.
e«I wslsloe
6..
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED.
THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY
REVIEWED.
City Clerk's
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -(wade 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 Dally 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 • BID NO. C107 -1205
In the XXXX Court,
was published in said newspaper in the issues of
11/05/2007 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 affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing dvertise publication in the said
newspawspapW
Sworn to and subscribed before me this
13 , A. . 2007
(SEAL)
O. V. FERBEYRE personally known to me
11110A L MFSn
NOTARY PUBLIC STATE OF FLORID!
90 Commission #DD293855
Expires: MARCH 04, 2008
ON soul,�
U,
:c �OR7o*
1+1 ®TIDE.
OF -BID- iNVITATI ®N
'Cin OE `SOIJYl6::1iA1d�Al1, ;':
BID..!®.: 0107 -12OS
The City "of south Miami will receive sealed proplosals unttl 3:OD P.M.
local Mla Wedne "sda`y' „„ December 5,' 2007 at tlie, City Clerk's bfpoe '
South AAiarniCity Bali, 630•Suriset Drive',-South Mi'a'mi, Florida 33143;1
forthefottoin`nrig:Qroject; :s:' r, . ,
” SUNSET DRIVE IMF'ROVEMENTS = PHASE
' , , (SW 82nd Aveque to US=1 and City'Halq - � •
The project consists 'of the •repogstruction of Sun" Drive (from SW
62nd Avehue'{o'US -1 grid also of file parking bts s66uh0hg City hail
located of 6130 Suns�t Drive: Project'elements iriclude'demolition, curb, ;
pavers; drairiage.''sfdewalks,"'pavfng, Iaridscapin9; Nghtlrig;' electrical,
irrigation, street furniture and ar chitectural fe "atures'. ' .. i
Bids'`iriilt be 'openiid pybficiy 'at or. shoitly -after 3:05 P.M. oji
Wednesday, December 5, "2007 at the ,So' Miami City' Wall, City'
Corrimis§lorf Chambers; ; 6 (30' Sunset Drive, South Nliarnl, `Florida
33143.
Bid documents may be obtalned'*on or after Monday; November 5;i
20071r6m South Mlaml City Hall, City Clerks office, 6130 Surtset Drive,i
South MWW, Florida 33943. A $150.00 non - refundable deposit per set of,
plans:arid.specificationsi§regt- d ' ...
The bid will tie awatded to the lowest responsible respd6stve bidder. If,
however, -the City Manager deems it to be in the best interest of the'City,
.of South Miami, the City of South Miami reserves the right to 'reject any'
;and all bids, to waive any Informafftles or minor defQcts in any bids, and to
increase or decrease the quanfli ties shown in the Bid Form. '•
Bids, which contain Irregularities ,of •any kind, may be'" rejected as
Informal. .
A nott- mandatory pre -bid conference will bei held a; South-Miamj City
Hall, City' Commission Chamber, 6130 Sunset Drive, -South ' Miami,
Florida $3143, at 10:00 A.M. focal time' on Monday, November 19th,
2007. AU interested contractors are IrMted to attend.
The •City of South .Miami Is -an Equal• Opportunity Employer and
eneburages'the'partidipatton of c ,Itlfied Black MBE c6htractors:•;' '.".
Maria M. Menendez, CMC
11/5 -13 City Clerk
07- B- 13/913673M
January 25, 2008
City of South Miami
Engineers Public Works Department
Architects
P I o n n e r s 4795 SW 75th Avenue
Miami, Florida 33155
Attention: W. Ajibola Balogun, REM
Public Works Director & Assistant City Manager
Reference: Sunset Drive Improvements Phase 1 (62 "d Avenue to US -1)
City of South Miami
Bid No. Cl 07.1205
C3TS Project No.: 1929 -26
EB0005022
AAC002142 Dear Mr. Balogun:
The bids for the above referenced project have been carefully reviewed and the results have
been tabulated. Although at the Bid Opening on December 5, 2007 the apparent low bidder was
Solo Construction, their bid contained a significant mathematical error, which upon correction
displaced their rank as the lowest bidder. Solo Construction has been informed of, and has
acknowledged, their mathematical error on the bid.
The next lowest responsible, responsive bidder is M. Vila & Associates. We recommend that
the contract be awarded to M. Vila & Associates, Inc., in the amount of $2,146,634.18 for
Sunset Drive Improvements Phase I; their construction experience is directly applicable to this
project, and their references were very favorable. We have contacted M. Vila & Associates
regarding their position as the low bidder, they are looking forward to working for the City on this
project.
If you have any questions, or need additional Information, please do not hesitate to contact me
at (305) 445 -2900, or via e-mall at RichardB @C3TS.com.
Sincerely,
Corzo Castelia Carballo Thompson Saiman, P.A.
Richard Blanco, P.E.
Project Manager
Maftsdatal trrdxed workW1929-26 Sunset DO" 1rnWwmnen13V%se 05 Bid CoardaWohVUa Award letter 2 zbc
901 Ponce de Leon Blyd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Focsimlle 305.445.3366
Web Site: www.c3ts.com
Equal Opportunity Employer
BIDDER REFERENCE VERIFICATION CHECKLIST
PROJECT: �tO t ice` -D v- •
PROJECT NO.: BID DATE:
OWNER: So y- A4 M ! 1 ItA t —
BIDDER: l 1 / ►SsQ lC .
REFERENCES:
1. Reference: ��T �,S l �- (C)
Contact Person Listed: (Xkn- Q DA �
Phone Number: (3 <bS) lioi – 7- Fax Number:
Address: i wo N W 1( 11'1'� I :'V �kllwm_*, ,
7
Questions:
a)
Did Contractor complete work?
r Yes
No
b)
Was the work considered satisfactory?
Yes
No
c)
Was the work completed on schedule?
Yes
No
d)
Comments: ®p
, ' f;
2. Reference: tom', i -6,A co � , � `f t� ��,1 c) n A
J Qn
Contact Person Listed:_ \ EC)S (AIM 6�V
Phone Number: (9 6H ) q?– i– 5q 0 0 Fax Number:
Address: Z7 1 -7 V 6UA 90-YO–AA -JffeP –
kw ad\ , r-L- 33uz,,0
Questions:
a) Did Contractor complete work? Ye
b) Was the work considered satisfactory? Yes
c) Was the work completed on schedule? Yes
d) Comments: ` o� loa C,i j j e S v%uj� L j,e
M
3. Reference:
A2 MftrJ0 I�4,4. �1 �`�, r � i � ��t± �- ��y IC�c�►��.
Contact Person Listed: frtl�YVlt)1� I�i CQ 'ts C �r��J i� ui�j'S �1�( ,
Phone Number: 7C% . 4Z o 7(,,,T Fax Number:
Address: -6 t • K t✓ x
Job Description: -rYK Paws t q—r-,o i S
Questions:
a) Did Contractor complete work?
b) Was the work considered satisfactory?
c) Was the work completed on schedule?
d) Comments:
No
es No
es No
N: \01314_Medley \01314_015 Wastewater Faeilities\0006 -Const Adm & SSFS Rept\Bids \C3TS Contractor Refernee Verification Checklist.doe
Engineering & Construction Department
Contractor References
Based on Experience, Ability and Financial Standing
is a potential contractor for
the y1 -��t i >�L- VeLAk •f - 5 C • � 2 It is our practice to obtain
references from individuals and companies who have worked with a potential contractor. The above
company has included you and/or your company as a reference. We would greatly appreciate your
prompt response to the following inquiry as it applies to the nature or your relationship with the
company. Those that do not apply should be left blank.
Please rate the consultant as follows:
1— poor 2 — average 3 — above average 4- very good 5- excellent '
Reference given by: Reference check conducted by:
Name & Title �} ra-6fwa, Name: P�to+
Address: lOyn 1"', Aa _
city /st/zip �``,�Jt 1 - L
Telephone ,3 05) L)' /G —213 (0 t
Date I)2(, . I r z4q D %
If you have any question about this form, please call (305)663 - .6350.
1
2
3
4
5
Criteria
A. Abgq to complete project on time
B. Abffityto stay within the budget
C. Quality of work
D. Financial standing if applicable) ,
E. Experience in their line of work
Additional Comments (May indicate last project /transaction with contractor):
V�bA
Reference given by: Reference check conducted by:
Name & Title �} ra-6fwa, Name: P�to+
Address: lOyn 1"', Aa _
city /st/zip �``,�Jt 1 - L
Telephone ,3 05) L)' /G —213 (0 t
Date I)2(, . I r z4q D %
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
is a potential contractor for
Df, X,1 p WelA , t7S 5L9. mo d, -. It is our practice to obtain
references from individuals and companies who have woried with a potential contractor. The above
company has included you and/or your company as a reference. We would greatly appreciate your
prompt response to the following inquiry as it applies to the nature or your relationship with the
company. Those that do not apply should be left blank.
Please rate the consultant as follows:
1— poor 2 — average 3 — above average 4- very good 5-excellent
Reference given by: • - Reference check conducted by:
MO Name & Title 1"'O S Af- f�yw zV Name: Tebt E� � (xy- (A o,
C RA C4 klWt4boi 6l
Address: 2 7 i VC A yorN t
City/SdZip 14"bi i yyyi,96 d , At- 330 2-0
Telephone N542 q2-1-3900
Date D- -13 Ei
a
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. Quali of work
}�
D. Financial standing if applicable) MIA
E. Experience in their line of work
Additional Comments (May indicate last project /transaction With contractor):
Reference given by: • - Reference check conducted by:
MO Name & Title 1"'O S Af- f�yw zV Name: Tebt E� � (xy- (A o,
C RA C4 klWt4boi 6l
Address: 2 7 i VC A yorN t
City/SdZip 14"bi i yyyi,96 d , At- 330 2-0
Telephone N542 q2-1-3900
Date D- -13 Ei
a
If you have any question about this form, please call (305)663 -6350.
Engineering & Construction Department
Contractor References
Based on Experi_ence, Ability and Financial Standing
M. LU �' ti %A '-D pe UC is a
P otential
contractor for
the � % � � °
. It is our practice to obtain
references from individuals and companies who have worked with a potential contractor. The above
company has included you and/or your company as a reference: We would greatly appreciate your
prompt response to the following inquiry as it applies to the nature or your relationship with the
company. Those that do not apply should be left blank.
Please rate the consultant as follows:
1— poor 2 — average 3 — above average 4- very good 5-excellent
Reference given by:
Name & Title tV t� K) Lt
Address: ea A}
City /St/Zip v
(`�T*' , - jl.
Telephone � fry ° ?. �'�-4
Date t { p
Reference check conducted by:
Name:
If you have any question about this form, please call (305)663 -6350.
1
2
3
4
5
Criteria
A. Ability to complete ro'ect on time
B. Abili to stay within the budget
C. Quality of work
D. Financial standin if app licable
E. Experience in their line of work
Additional Comments (May indicate last project /transaction with contractor):
Reference given by:
Name & Title tV t� K) Lt
Address: ea A}
City /St/Zip v
(`�T*' , - jl.
Telephone � fry ° ?. �'�-4
Date t { p
Reference check conducted by:
Name:
If you have any question about this form, please call (305)663 -6350.
i
ISECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this day of 146L , 20 vd , A.D., by
and between the CI f So th Mid i, pa of the firs part (hereinafter sometimes called the
"Owner"), and M S party of the second part (hereinafter
sometimes called the "Contractor').
WITNESSETH: That the parties hereto, forthe 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:
SUNSET DRIVE IMPROVEMENTS - PHASE 1.8 II
(SW 62nd Avenue to US -1 and City Hall)
CITY OF SOUTH MIAMI, FLORIDA
as prepared by Corzo Castella Carballo Thompson Salman, P.A. acting as, and in
M 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 i§ the lump sum ofT (n i' m NO 6rda
1511 x *UV0d -six 6`14A -Wry -Nn r AM J72— Dollars ($ to-34j ).
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 two hundred seventy (270)
calendar days after the commencement date established in the Notice to Proceed.
The work shall be completed and ready for final payment within sixty (60) calendar
days from the date certified by City's Project Engineer as the date of substantial
00500 -1 1929 -26
completion.
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the sites for the work
to be performed and has fully satisfied himself that such sites are correct and
suitable ones for the work to be performed and he assumes full responsibility
therefore. The provisions of this Contract shall control any inconsistent provisions
contained in the specifications. All 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 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
y 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 Five Thousand
Dollars ($5,000.00) 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 1929 -26
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:
1. Within 60 days after receipt of the Contractor's request for partial payment by the
Owner, the Owner shall make partial payments to the Contractor, on the basis of
the estimate of work as approved by the Owner's Engineer, for work performed
during the 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 fumished 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 shall
00500 -3 1929 -26 i
1.10
1.11
1.12
1.13
1.14
A.
A
proceedings by either h 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-DadD County, Florida, unless another location is mutually agreed
upon. Agreemen s reached in mediation shall be enforceable as settlement
agreements in the Pircult court for the 11th Judicial Circuit for the State of Florida.
SIGNATORY AUT60RITY
I
The officials exeuting this Agreement warrant and represent that they are
authorized by their respective agency to enter into a binding agreement.
LIENS
Contractor is prohi ited from placing a lien on the City's property. This prohibition
shall apply to, inter lia, all subconsultants and subcontractors, suppliers and labors.
INCORPORATE �Y REFERENCE DOCUMENTS ENCLOSED IN PROJECT
MANUAL
The contract enclosed within the "Project Manual for Sunset Drive Improvements —
Phase I & II (SW 62 nd Avenue to US -1 and City Hall) Phase I & 11, City of South
Miami, City's BID No.: Cl 07- 1205" and all attachments in the Manual and the
Construction Drawings shall be incorporated by reference into the contract, as
exhibits to the con ract. Between the contract and the attachments in the manual;
the provisions oft a contract shall control should there be any inconsistency in the
documents.
i
TRANSFER AND ASSIGNMENT
I
None of the work o� services under this contract shall be subcontracted beyond that
shown on List of ajor Sub - Contractors (page 00300 -4 of the Proposal) unless
Contractor obtains prior written consent from the City. Approved subcontractors
shall be subject to Oach provision of this contract and Contractor shall be responsible
and indemnify the Pity for all subcontractors' acts, errors or omissions.
The Contractor stall 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 f rom 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 1 0 days by the Contractor to the City.
EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
A. The City, or any of heir 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 a rees to include in first -tier subcontracts under this contract a
clause substantial y the same as subparagraph 1.14.A. above. "Subcontract," as
used in this claus , excludes purchase orders not exceeding $10,000.
00500-4
1929 -26
C. The right to access and examination of records in subparagraph 1.14.A. shall
continue until disposition of any mediation, claims, litigation or. appeals.
1.15 OWNERSHIP OF DOCUMENTS
All documents, reports, plans, specifications or other records, including electronic
records, resulting from the services rendered by the Contractor under this contract
shall be deemed the property of the 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 1929 -26
G
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)
L
ClerWjada M. "ndw
City's Resolution No.
WITNESS: (If corporation, attach
Seal and attest by Secretary)
APPROVED AS TO FORM AND
City of South Miami, Florida
Party of the First Part
In�By
'Qt -[m City Manager
--H. V; 1
Contractor
Party of the Second Part
Title
APPROVED
Di or inance
ity of Miami
FINANCE:
oy'
( ") 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 1929 -26
• i
I
CERTIFICATE
(Sample)
STATE OF FLORIDA)
ss
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of
h�l Vl l .4 46�,ziaTrf I I�Jc , a corporation under the laws of the State of
held on zC-- , 20_2L, the following resolution was duly
passed and adopted: ��''
"RESOLVED, that i1 b r'niV V►(A , as �Presid nn of the
corporation, be and he is hereby authorized to execute the Contract dated arrd� 6�� , 200,
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 thL
corporation this day of , 20_er.
Secretary. .
END OF SECTION
00500 -7 1929 -26
SECTION 00610
Bond no. SU1026894
PERFORMANCE BOND
STATE OF FLORIDA)
COUNTY OF Miami,- ss
Dade
KNOW ALL MEN BY THESE PRESENTS, that M. Vila & Associates, Inc.
as
Principal, hereinafter called Contractor, and Arch Insurance Compapy Company s Surety, hereinafter
called Surety, are held and firmly bound unto the City of South Miami , as Obligee, hereinafter called
o Milllion� p e Hundred Fort Si Thousand
Owner, in the amount of Tax Hundred Tiirt Four and X18 1 0----- - - - - -- Dollars
($-2-,- 146, 634.18
for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and. severally, firmly by these presents.
WHEREAS, contractorhas bywritten agreementdated rc1,— 6
I - —, entered into a
Contract with Owner for:
SUNSET DRIVE IMPROVEMENTS - PHASE 18 II
(SW 62nd Avenue to US -1 and City Hall)
CITY OF SOUTH MIAMI, FLORIDA
In accordance with Drawings and Specifications prepared by Corzo Castella Carballo Thompson
Salman, P.A. which Contract is by reference made a part hereof and is hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH; that, if the
Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions
of said Contract and his obligations thereunder and shall indemnify the Owner and the Consulting
Engineer and save either or all of them harmless against and from all costs, expenses and damages
arising from the performance of said Contract or the repair of any work thereunder, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following
terms and conditions:
A. The Principal and Surety jointly and severally agree to pay the Owner any difference
between the sum to which the said Principal would be entitled on the completion of the
00610-1 1929 -26
i the Contract, and that sum which the Owner may be obliged to pay for the completion of
said work by Contract or otherwise, and any damages, direct or indirect or consequential,
which the said Owner may sustain on account of such work, or on account of the failure
of said Contractor to properly and in all things, keep and execute all of the provision of
said Contract.
B. And this Bond shall remain in full force and effect for a period of one (1) year from the
date'of acceptance of the project by the Owner and shall provide that the Contractor
guarantees to repair or replace for said period of one (1) year all work performed and
materials and equipment furnished thatwere not performed orfumished according to the
terms of the Contract, and shall make good, defects thereof which have become
apparent before the expiration of said period of one (1) year. If any part of the project, in
the judgment of the Owner, for the reasons above stated needs to be replaced, repaired
or made good during that time, the Owner shall so notify the Contractor in writing. If the
Contractor refuses or neglects to do such work within five (5) days from the date of
service of such Notice, the Owner shall have the work done by others and the cost
thereof shall be paid by the Contractor or his Surety.
C. And the said Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive Notice of any change,
extension of time, alteration or addition to the terms of the Contract or to the work or to
the Specifications.
D. The surety represents and warrants to the Owner that they have a Best's Key Rating
Guide General Policyholder's Rating of " A and Financial Category of
"Class XV ^
IN WITNESS WHEREOF,
11 the above bounded parties executed this instrument under their
several seals, this �dayof F ur'c ( — 20 dI , A.D., the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required).
(If Corporation, Secretary Only will attest and affix seal).
s
00610-2 1929 -26
PRINCIPAL: M. Vila & Associates, Inc.
Oc -�,/�
Signature of Authorized Officer
pd-p-.5 i (Affix Seal)
��f "
Title
12097 N.W. 98th Avenue
Business Address
Hialeah Gardens, F1 33018
City, State ip Code
SUR vu ra mpan
Corporate Surety Charles J. Nielson
Attorney -in- fact /Resident Agent
Title
One Liberty Plaza, 53rd Floor
Business Address
New York, NY 10006
City, State & Zip Code
Nielson & Company, Inc.
Name of Local Insurance Agency
00610-3
1929 -26
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, t I d , certify that I am the Secretary of the Corporation names as
Principal in the within Bond; that ` j &P' ► ,�
P �i �, /, a who signed the said bond on behalf of the
Principal, was the ReS At'- of said Corporation; that I know his signature, and his signature hereto
is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of .said
Corporation by authority of its governing body.
Secretary (Corporate Seal)
STATE OF FLORIDA)
Miami -- SS
COUNTY OF Dade)
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Charles J. Nielson
to me well known, who being by me first duly sworn upon oath,
says that he is the Attorney -in -Fact, for the Arch Insurance Company'
and that he
has been authorized by Arch Insurance Company to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida.
Sworn and subscribed to before me this 25 day ru ,2008A.D.
Ukthach�e ttomey)
jj �E Notary P e of Florida GICE pON
"` ° at Large
Notary public, Slat$ of Florida °'F'rU� My Commission Expires:
My Comm Explrwand 2ooy SEAL
�NoA0 313842 y�O` F��F
END OF SECTION
00610-4 1929 -26
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City,, Missouri (hereinafter referred to as the "Company") does hereby appoint
Mary C. Aceves, Warren M. Alter, Charles D. Nielson, Charles J. Nielson and David R. Hoover of Miami Lakes, FL (EACH)
its true and lawful Attorney(s)-in-Fact; to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all infants and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
'VOTED. That the Chairman of the Board, the President or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys4n -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or ahy. Vice. President; or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so . executed, sealed and certified
with respect to any.bond or undertaking to which it is attached, shall continue to be. valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed In U.S.A.
'T
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this ,• 28th .day of February , 20.07 _.
Arch Insurance Company
Attested and Certified
mivdMTe �4
SEd .
• »st
Martin J. N' sen, Secretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
'Edward M. Titus, Vfce President
Pater J. Caileo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument
appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seat and delivered the said instrument as the free an voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PtrTER J. CALLEQ, ESQ.
Notary Public, State of New York Peter J. Cal . Notary Pu lic
No. 02CA610833s My commiss n expires 5-03••2008
QrJified In New York County
CERTIFICATION Commission Expires May 3.2008
I; Martin J. Nilsen, secretary-of the Arch Insurance Company, do hereby certify.that the attached Power of Attomey dated
on behalf 'of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said
` Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duty elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affuted the corpora seal of the Arch Insurance
Company on this day of 20�
Martin J. ilsen; Secretary
This Power of Attorney limits the acts of _those named therein to the bonds and undertakings specifically named.therein
and they have no authority to bind the Company except.in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Surety
3 Parkway, Suite 1500
Philadelphia, PA 19102
Bence
OpUOGTt
f6K
liueod
OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A.
SECTION 00620
Bond no. SU1026894
PAYMENT BOND
STATE OF FLORIDA)
COUNTY OF Dade ss
Dade
KNOW ALL MEN BY THESE PRESENTS, that M. Vila & Associates, Inc. as Principal,
hereinafter called Contractor, and Arch Insurance Company as Surety, hereinafter
called Surety, are held and firmly bound unto the City of South Miami , as Obligee, hereinafter
called Owner, in the amount of Two Million One Hundred Forty Six Thousand
Six Hundred Thirty Four and 18 /10013ollars ($2,146,634.18 ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated t (A b ''2QJD entered into a
Contract with Owner for:
is
SUNSET DRIVE IMPROVEMENTS - PHASE I & II
(SW 62 "d Avenue to US -1 and City Hall)
. CITY OF SOUTH MIAMI, FLORIDA
in accordance with Drawings and Specifications prepared by Corzo Castella Carballo Thompson
Salman, P.A. which Contract is by reference made a part hereof and is hereinafter referred to as*the
Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that If the
Principal shall promptly make payment to all claimants, as herein below defined, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and
conditions:
A. A claimant is defined as any person supplying the Principal with labor, material and supplies,
used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work
provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes.
i
B. The above named Principal and Surety hereby jointly and severally agree with the Owner that
every claimant as herein defined, who has not been paid in full before the expiration of a period
00620 -1 1929 -26
j period of ninety (90) days after performance of the labor or after complete delivery of materials
and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the
suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such
suit.
C. No suit or action shall be commenced hereunder by any claimant
1. Unless claimant, other than one having a direct contract with the Principal, shall within
forty-five (45) days after beginning to furnish labor, materials or supplies for the
prosecution of the work, furnish the Principal with a notice that he intends to look to this
I bond for protection.
2. Unless claimant, other than one having a direct contract with the Principal, shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials and supplies, deliver to the Principal written notice of the performance of such
labor or delivery of such material and supplies and the nonpayment therefore.
3. After the expiration of one (1) year from the performance of the labor or completion of
delivery of the materials and supplies; it being understood, however, that if any limitation
I embodied in this Bond is prohibited by any law controlling the construction hereof such
limitations shall be deemed to be amended so as to be equal to the minimum period of
Ilimitation permitted by such law.
4. Other than in a state court of competent jurisdiction in and for the county orother political
II „ subdivision of the state in which the project, or any part thereof, is situated, or in the
United States District Court for the district in which the project, or any part thereof, is
situated, and not elsewhere.
ID. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the
Owner may be compelled to pay because of any lien for labor or materials furnished for any work
(' included in or provided by said Contract. .
I1 ..
E. The Surety, for value received, hereby stipulates and agrees that no change, extension of-time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder or
the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the
I Surety hereby waives notice of any such change, extension of time, alterations of or addition to
the terms of the Contract, or to the work or to the Specifications.
F. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide
General Policyholder's rating of A and Financial Category of "Class
XV "
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their
several seals, this day of v r c�v\ 20, A.D., the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
j pursuant to authority of its governing body.
1;
IJ;1 00620 -2 1929 -26
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required).
(If Corporation, Secretary Only will attest and affix seal).
\1I1T\ \IAA �A
00620 -3
PRINCIPAL: M. Vila &As ociates, Inc.
Signature of Authorized Officer
plrqc, iy P,..a f (Affix Seal)
Title
12097 N.W. 98th Avenue
Business Address
Hialeah Gardens FL 33018
City, State & ip Code
SURE :gArcIns c o an y
Corporate rles J. Nielson
Attorney -in -fact/ Resident Agent
Title
One Liberty Plaza.- rd Floor
Business Address
New York, NY 10006
City, State & Zip Code
Nielson & Company, Inc.
Name of Local Insurance Agency
1929 -26
AMM
00620 -3
PRINCIPAL: M. Vila &As ociates, Inc.
Signature of Authorized Officer
plrqc, iy P,..a f (Affix Seal)
Title
12097 N.W. 98th Avenue
Business Address
Hialeah Gardens FL 33018
City, State & ip Code
SURE :gArcIns c o an y
Corporate rles J. Nielson
Attorney -in -fact/ Resident Agent
Title
One Liberty Plaza.- rd Floor
Business Address
New York, NY 10006
City, State & Zip Code
Nielson & Company, Inc.
Name of Local Insurance Agency
1929 -26
I.r
CERTIFICATES AS TO CORPORATE PRINCIPAL
Ha d e f � h V 1 f1 , certify that I am the Secretary of the Corporation named as
Principal in the within Bond; that VI. Tl o who signed the said bond on behalf of the
Principal, was then O JF of said Corporation; that I know his signature, and his signature
hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said
Corporation by authority of its governing body.
Secretary
STATE OF FLORIDA)
COUNTY OF Dade_ ss
Seel
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Charles J. Nielson to be well known, who being by me first duly sworn upon oath, says,that
he is the Attomey -in -Fact, for the Arch Insurance COMDany and that he
has been authorized by Arch Insurance Company to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida.
Sworn and Subscribed to before me this 25 day of February ,2008 A.D.
(Attach Power of
OlflctalSeal . �,.Py � �,
GICELLE PAJQN oFF,�,A,. Notary P lic - of Florida
Notary Public, state of Florida y SEA . �e
My Comm Expiresdan 4 2009 '�F �.. •� at Larg
No.DD 379949 My Commission Expires:
END OF SECTION
00620 -4
1929 -26
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Mary C. Aceves, Warren M. Alter, Charles D. Nielson, Charles J. Nielson and David R. Hoover of Miami Lakes, Fl- (EACH)
its true and lawful Attorhey(s)4n- Fact, to make. execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all inidnts and purposes, as If the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
'VOTED, That the Chairman of the Board, the President, or any Vice President; or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity 'and other writings, obligatory In the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
I VOTED, That the signature of the Chairman of the Board, the President, or ahy: Vice President; or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so .executed, sealed and oer.tified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
3000303
Page 1 of 2 Printed In U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this _ 28th day of February , 2047- -• q�h Insurance Company
Attested and Certified
min 0
1st .1 ..
l 11��aad
Martin J. N' senMa�n J. 'Secretaryetary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
dward M. Titus, Vce President
1 Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument
appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed,
sealed with the corporate seal and delivered the said instrument as the free an voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
Pt-TER J. CALLEQ, ESQ.
Notary Pubiio, State of New York Peter J. Cal , Ro1taryPui5lic
No. 02CA6109336 My commis 1 n expires 5 -03 -2008
ih•Jiflad In New York County
CERTIFICATION Commission Expires May 3, 2008
I, Martin J. Nilsen, Secretary,of the Arch Insurance Company, do hereby certify.that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, ['have hereunto subscribed my name and affixed the corpora seal of the Arch Insurance
Company on this -day day of
Martin J.Tliisen, Secretary
This Power of Attorney limits the acts of .those named therein to the bonds and undertakings specifically named.therein
and they have no authority to birid�the Company except.in the manner and to the extent herein stated.
PLEASE SENDALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Surety
3 Parkway, Suite 1500
Philadelphia, PA 19102
cy`>ronce Co
COUCRAt� 3d
:m
tfistead
OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A.
Front. brown & brown of Flonda, Inc. To: Madelin Page: 2/3 Date: 2/28/2008 10:33:28 AM
ACORD- CERTIFICATE OF LIABILITY INSURANCE oPID CH DATE(MM/DO/Y'YTYI
M7 A -1 02 28/08, .
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BROWN & BROWN OF FLORIDA INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8000 GOVERNORS SQUARE BLVD 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAMI LAKES FL 33016 -1588
Phone: 305- 364 -7800 Fax: 305 -822 -5687 INSURERS AFFORDING COVERAGE NA1C#
INSURED INSURER COS MCE AND INDUSTRY =8 CO 19410 _
INSURER AMERICAN GUARANTEE 6 LIAn INS 26247
M. VILA & ASSOCIATES INC INSURER cCMmcz AND INDUSTRY INN co 19410
12097 NW 98TH AVENUE INSURER D.
HIALEAH FL 33018
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L.
NBRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDDlYY
POLICY EXPIRATION
DATE MMMD/YY
UMRs
GEN LIABILITY
["--.
EACH OCCURRENCE
f 1, 000 , O0O
A
$
�_oERAL
�X jNIn1ERrIAL,;EI:er`ALLL4Biu7,
GL1800011
03/18/07
03/18/08
PREMSES(Ehoutrene!)
s 100,000
I
lLai•I$IaADE $ r.r ,_ �.
MED EXP(Any one Penon)
* 10,000
PERSONAL &ATyJPLAIRY
* 1 000 000
G£NEPALAGGREGATE
52,000,000.
H.
PRODUC TS - COMP/OP A3G
s 2,000,000
;, A� }� }PESATE LIMIT APPLIES PEP
r PF :
"., �
I
PGIb �.
JET T L'=':
AUTOMOBILE
LIABILITY
j_O_MBIEDSIN_ G SINGLE
*1,000,000 .
A
r AUTO
M
I
_
1 PiL LAYNED,AVTOS
BODILY INJURY
_
S
Ij
SCHEDULED AUTCS
(Per IXO.)
—
� y
HIPEDAU70S
–_--
BODILY 811UR'/
Ii----II
NC'N•CNfNED ALITC-S
(Per aeementJ
$
PROPERTY DAMAGE
(Per atexterS)
GARAGE LIABILITY
AUTO ONLY• EA ACCIDENT
*
EAACC
OTHER THAN
ANe AUTO
S
_
E
AUTO ONLY AGG
EXCESS-UMBRELLA LIABILITY
EACH OCCURRENCE_
$ 3 000,000
B
j OCCUR CL/- JLISMADt
LLJJ
AUC9258641 -00
03/18/07
03/18/08
AGGREGATE
_
i 31000,000
�
S
DEDUCTIBLE
$
X RETENTION $10,000
WORKERS COMPENSATION AND
g VIC S ATV H"
TOR .ITS ER
C
EMPLOYERB'LIABILRY
06/01/07
06/01/08
EL EACH ACCIDENT
"
*500,000
ANYpP ..iIPRIETCIPJPPPTNEPIE %ECVIIVE
11593307
EL DISEASE -EA EMPLOYEE
s 500,000
OFFI= EPJMEMBEP EXCLUDED-
Y }e5, ee5v Am Unmr
5"t0:LPF.J'N451JNSreIc*
I
EL DISEASE. POLICY LIMIT
* 500,000
OTHER
C
DESCRIPTION OF OPERATIONS %LOCATIONS I VEHICLES r EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Bid #CI 07 -1205 - Sunset Drive Improvements - Phase I & II (SW 62 Ave to
US1 6 City Hall); City of South Miami and C3TS are Additional Insureds, when
required by written contract, with respects to General Liability only.
CERTIFICATE HOLDER CANCELLATION t
CI T -14 3 SHOULD ANY OF THE ABOVE DESCRIBSD POLICIES BE CANCELLED BEPORE THE EXPIRATION
DATE THEREOF. THE ISEUINC INSURER WALL ENDEAVOR TO MAIL 10 DAYSWVRITTE
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 60 SHALL
CITY OF SOUTH MIAMI IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS ACENTS OR
6130 SUNSET DRIVE
SOUTH MIA14I FL 33143 REPRESINTA7Tves.
A D REPRESENTATIVE
s
ACORD 25 (2001108) 1 O ACORD CORPORATION 98
!
i
j��$6�p�t��
a3s $a 3 �a AEA
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asill
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