03-06-07 Item 7.i
South Miami
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CITY OF SOUTH MIAMI 111111
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Director
Public Works & Engineering Department
Date: March 6, 2007 Agenda Item No.:
Subject: Construction Contract with T J Pavement for the construction traffic calming
device at the intersection of SW 58th Terrace & SW 64th Avenue.
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A SERVICE WORK ORDER WITH T.J. PAVEMENT FOR
TRAFFIC CALMING IMPROVEMENTS AT THE INTERSECTION OF SW
58TH TERRACE & SW 64TH AVENUE IN AN AMOUNT OF $58,658.00 TO BE
CHARGED TO ACCOUNT NUMBERS 124 - 1730 -541 -3450, 124- 1730 -541-
4640 AND 112 - 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute construction agreement with T J
Pavement for the construction of traffic calming device at the intersection of SW
58th Terrace & SW 64th Avenue.
Reason /Need: This proposed improvement will provide much needed ,traffic calming
improvements along SW 64th Avenue. After much review of the traffic and
safety related issued along SW 64th Avenue, we met with neighborhood
residents to discuss the proposed improvements. The residents
overwhelmingly accepted our proposed improvement. Attached is a
sketch of the traffic calming plate proposed for the SW 64th Avenue & SW
58th Terrace intersection. The project will be funded from Public Works
Department's accounts, as follows:
Request Current Balance
• 124 - 1730 -541 -3450 $20,545 $201,800
• 124 - 1730 -541 -4640 $9,485 $9,485.00
• 112 - 1730 - 541 -3450 $28,658 $70,000.00
Cost: $58,658.00
Funding Source: Public Works Department's account numbers 124-1730-541-3450, 124-
1730 -541 -4640 AND 112 - 1730 -541 -3450.
Backup Documentatior
Proposed Resolution
Bid Opening Report
Tabulated bids from 3 sealed bids
Copy of Section 00500 (Contract) of the Project Manual
Sketch of proposed traffic calming device.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR .AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
A SERVICE WORK ORDER WITH T.J. PAVEMENT FOR TRAFFIC QALMING
IMPROVEMENTS AT THE INTERSECTION OF SW 58TH TERRACE & SW 64TH
AVENUE IN AN AMOUNT OF $58,658.00 TO BE CHARGED TO ACCOUNT
NUMBERS 124 - 1730 -541 -3450, 124 - 1730 -541 -4640 AND 112- 1730 -541 -3450;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to provide much needed traffic calming along
SW 64th Avenue at SW 58th Terrace, and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with T J Pavement for the construction of traffic calming device in an amount of
$58,658.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute
construction contract with T J Pavement for the construction of traffic calming device in an amount of
$58,658.00.
Section 2: That the project's construction cost shall be charged to account numbers124-1730-
541 -3450, 124 - 1730 - 541 -4640 AND 112 - 1730 - 541 -3450 with account balances of $201,800, $9,485 and
$70,000, respectively.
Section 3. The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.,
Office of City Attorney
Include File Name and Path
day of _ , 2007.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
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<D
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this day of , 2007, 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 ").
WHEREAS: the Owner desires to engage the Contractor to perform services as stated herein:
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follows:
1.01 SCOPE OF WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus,
and transportation and perform all of the work shown on the Drawings and described in
the Project Manual entitled:
Twin Lakes Drive (SW 64th Avenue) and (SW 58th Terrace) Intersection Traffic
Calming Project — No. C107- 0105
as prepared by the City of South Miami, Public Works & Engineering Department acting
as, and in the Contract Documents, entitles the Owner's Engineer, and shall do everything
required by this Contract and the other Contract Documents.
1.02 THE CONTRACT SUM
A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in
lawful money of the United States, and subject to addition and deductions as provided in
the Contract Documents.
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 sum of $
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work on the date established in the Notice to Proceed.
B. The Contractor shall prosecute the 'work with faithfulness and diligence and shall
complete the work not later than sixty (60) calendar days after the commencement date
established in the Notice to Proceed.
00500 -1
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the sites for the work to be
performed and has fully satisfied himself that such sites are correct and suitable ones for
the work to be performed and he assumes full responsibility therefore. The provisions of
this Contract shall control any inconsistent provisions contained in the specifications. All
Drawings, Specifications and Contract items contained in this Project Manual have been
read and carefully considered by the Contractor, who understands the same and agrees to
their sufficiency for the work to be done. It is expressly agreed that under no
circumstances, conditions or situations shall this Contract be more strongly construed
against the Owner than against the Contractor and his Surety.
B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and
construed by the Owner's Engineer and his decision shall be final and binding upon all
parties.
C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any
part of the work or material by the Owner, his Engineer, or by any agent or representative
as in compliance with the items of this Contract and/or of the Project Manual covering
said work, shall not operate as a waiver by the Owner of strict compliance with the terms
of this Contract, and/or the Project Manual covering said work; and the Owner may
require the Contractor and/or his insurer to repair, replace, restore and/or make to comply
strictly and in all things with this Contract and the Project Manual any and all of said
work and/or services which within a period of one year from and after the date of the
passing, approval, and /or acceptance of any such work or services, are found to be
defective or to fail in any way to comply with the Drawings and Specifications. This
provision shall not apply to materials or equipment normally expected to deteriorate or
wear out and become subject to normal repair and replacement before their condition is
discovered. The Contractor shall not be required to do normal maintenance work under
the guarantee provisions. Failure on the part of the Contractor and/or his insurer,
immediately after Notice to either, to repair or replace any such defective materials and
workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and
recover the reasonable cost of such replacement and/or repair from the Contractor and/or
his insurer, who shall in any event be jointly and severally liable to the Owner for all
damage, loss and expense caused to the Owner by reason of the Contractor's breach of
this Contract and/or his failure to comply strictly and in all things with this Contract and
with the Drawings and Specifications.
1.05 LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and should the Contractor
fail to complete the work within the specified time, or 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 $1,500.00 per calendar day as fixed, agreed, and
liquidated damages for each calendar day elapsing beyond the specified time for
completion or any authorized extension thereof, which sum shall represent the actual
damages which the Owner will have sustained by failure of the Contractor to complete
the work within the specified time; it being further agreed that said sum is not penalty,
but is the stipulated amount of damage sustained by the Owner in the event of such
default by the Contractor.
00500 -2
B. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall be
considered a day scheduled for production.
1.06 PARTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the Owner shall pay the Contractor as follows:
Within 60 days after receipt of the Contractor's request for partial payment by the
Owner, the Owner shall make partial payments to the Contractor, on the basis of
the estimate of work as approved by the Owner's Engineer, for work performed
during the preceding calendar month, less ten percent (10 %) of the amount of
such estimate which is to be retained by the Owner until all work has been
performed strictly in accordance with this Agreement and until such work has
been accepted by the Owner.
2. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the work have been paid in full, and also, after all guarantees that may be
required in the specifications have been furnished and are found to be acceptable
by the Owner, final payment on account of this Agreement shall be made within
sixty (60) days after completion by the Contractor of all work covered by this
Agreement and acceptance of such work by the Owner.
1.07 ADDITIONAL BOND
A. It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Performance and Payment Bonds hereto attached for
its faithful performance, the Owner shall deem the surety or sureties upon such bonds to
be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the
performance of the work, the Contractor shall at his expense, and within three (3) days
after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds,
in such form and amount, and with such sureties as shall be satisfactory to the Owner. In
such event, no further payment to the Contractor shall be deemed due under this
Agreement until such new or additional security for the faithful performance of the work
shall be furnished in the manner and form satisfactory to the Owner.
1.08 SOVEREIGN 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 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
00500 -3
either party. Both parties waive the right to arbitration. The parties shall share the
mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade
County, Florida, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in the Circuit Court for the 11ffi
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 laborers.
1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT
MANUAL
The contract enclosed within the design plan, City of South Miami, City's Bid No: CI07-
0105" and all 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 Subcontractors 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 and 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 three (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.
00500 -4
C. The right to access and examination of records on subparagraph 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 the 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 the 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
familiar 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 AND AUTHORITY
The signatories of this contract warrant that they are duly authorized by action of their
respective city commission, board of directors or other authority to execute this contract
and to bind the parties to the promises, terms, conditions and warranties contained in this
contract.
1.19 INDEPENDENT CONTRACTOR
The Contractor is furnishing its services as an independent Contractor and nothing in this
contract shall create any association, partnership or joint venture between the parties, or
any employer - employee relationships.
00500 -5
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in five (5) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original Contract.
(Seal)
Attest:
City Clerk
WITNESS: (If corporation, attach
Seal and attest by Secretary)
APPROVED AS TO FORM AND
LEGALITY:
City Attorney
City of South Miami
City of South Miami,
Party of the First Part
By:
City Manager
Contractor
Party of the Second Part
go
Title
( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of
Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be
completed.
00500 -6
CERTIFICATE
(Sample)
STATE OF FLORIDA )
ss
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of
corporation under the laws of the State of Florida , held on
resolution was duly passed and adopted:
"RESOLVED, that
as
corporation, be and he is hereby authorized to execute the Contract dated
a
20 following
President of the
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
20
Secretary
END OF SECTION
00500 -7