10-19-04 Item 10South Miami
TO: Honorable Mayor, Vice Mayor
& City Commission
FROM: Maria V. Davis
City Manager
RESOLUTION:
DATE: October 19, 2004
AGENDA ITEM No.Ld
RE: Authorizing the City Manager to
execute a Change Order for the Proposed
water main extension addition to the Downtown
Drainage Improvements Phase 3
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE
ORDER AGREEMENT WITH T.J. PAVEMENT CORP. FOR DOWNTOWN DRAINAGE
IMPROVEMENTS — PHASE III CONSTRUCTION IN AN AMOUNT OF $98,835 TO BE
CHARGED TO U.S. ENVIRONMENTAL PROTECTION AGENCY (US EPA) GRANT
ACCOUNT NUMBER 001 - 0000 -132 -2061; PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
Extending and upgrading the potable water distribution system within our downtown area is one of the
major objectives of our Downtown Infrastructure Improvement Master Plan. Since the beginning of the
project, we have managed to extend and upgrade the system within every phase with the exception of SW
73rd Street from approximately SW 58d' Court to just east of US 1 due to lack of funding. After seeing the
progress and improvements we've made with the last two phases, one of our funding agencies (US EPA)
decided to increase our funding by $130,100 to assist with meeting water main and drainage needs within
our improvement area.
To avoid performing construction activities within the same area twice, we have secured a "piggyback"
proposal from TJ Pavement Corp. to accomplish the water main extension work while he is constructing
the drainage system along the same street (SW 73rd Street from approximately SW 58d` Court to just east
of US 1). The scope of the construction will include:
• Furnish and install 705 lineal feet of 12 -inch (ductile iron pipe) water main
• Furnish and install four (4) 12 -inch Gate valves
• Furnish and install two (2) fire hydrants.
• Remove three (3) existing 12 -inch plug valves and connection of proposed system.
• Design, permit (MD WASD, DOH, DERM, etc.) and obtain certification of the water distribution
system upon completion.
• To obtain performance and payment bond from an "A" rated or better company as to General
Policyholders Rating and Class V or better as to Financial Category by Best's Key Rating Guide.
Page 2 of 2
Comm. Mtg. Agenda
October 19, 2004
We are proposing to "piggyback" on our Church Street Improvement — Phase 1 contract with T.J.
Pavement Corp. for the work. Again, the project will be funded through US EPA account number 001-
0000 -132 -2061 with account balance of $130,100.
RECOMMENDATION:
It is recommended that the City Commission approve the resolution.
ATTACHMENTS:
❑ Proposed Resolution
❑ Contactor's proposal
❑ Church Street Improvement Phase 1 ( "piggyback ") contract
❑ Map of Project Area
1
2
3
4
5
6
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
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CHANGE ORDER AGREEMENT WITH T.J.
PAVEMENT CORP. FOR DOWNTOWN DRAINAGE IMPROVEMENTS —
PHASE III CONSTRUCTION IN AN AMOUNT OF $98,835 TO BE
CHARGED TO U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT
ACCOUNT NUMBER 001 - 0000 -132 -2061; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Mayor and City commission wish to provide a much needed potable
drinking water extension within the Downtown Drainage Improvement — Phase III project (SW
73`d Street from SW 58th Court to US -1); and,
WHEREAS, this improvement is part of the Downtown Infrastructure Improvement
Master Plan, with funding to come from a US EPA grant.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute a
change order with T.J. Pavement Corp. for the construction of watermain extension within the
Downtown Drainage Improvements — Phase III for an amount of $98,835.00.
Section 2: The project will be funded through grants from US Environmental Protection
Agency, account number 001- 0000 - 132 -2061, with an account balance of $130,100.
Section 3: This resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this
Maria Menendez, City Clerk
day of , 2004.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
Mary Scott Russell, Mayor
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
FROM :T J PAVEMENT CORP FAX NO. :3052201019 Oct. 06 2004 02:40PM P2
T a PMement Corp.
ENGINEERING CONTRACTOR.
i 1401 SW 40 ST., STE. 335
MIAMI, FL 33165
Ph (305) 220 -1220
Fax (305) 220.1019 .
PROPOSAL
The followinglconstruction:
♦ (705) Lift of 12" W-after Main co.'Sairuc,ior a $901.00 per 1 %ft
♦ (4) 12" Gate Valves @ $ 2,750.00 each
♦ '(2) Fire Hydrant Assemblies @ $ 3,850.00 each
♦ (3)12" Existing Plug Removal and Connection @ $ 850.00 each
♦ (1) Mobilization
♦ (1) Surety Bond Expense
♦ (1) Design, Permit, Inspection & Certification
Sub -Total $ 63,450.00
Sub -Total $ 11,000.00
Sub -Total $ 7,700.00
Sub-Total $ 2,550.00
Sub -total $ 2,000.00
Sub -Total -$ 3,150.00
Sub -Total $ 8,985.00
Notes:
0 No Water Meter along the proposed route was noted in the field therefore no cost was
included for water services.
The work and performed by the CA may result in a lien being placed on the premises desmbed above, in case the owner Or Contractor
default it's In any payment under this contract.
Owner hereby agrees to accept full responsibility for all fences, sidewalks, all underground pipes, wires, septic, tanks, drain lines, wells, etc
unless stated above.
Owner is liable in full amount of contract in the event owner cancels after work has started.
The co shag not be responsible for damage or delays do to strikes, fires, accidents, or the others cause beyond its control, not for inherent
defects in the premises on -which work to be done.
In the event of any default of this contract by owner -owner agrees to pay all cost and reasonable altomeW fees incurred by T J Pavement
Corp as a result of said default.
All materials are guaranteed to be as specified. All work to be Completed in a workman like manner according to standard practices, Any
alteration or devimtion from above specifications involving extra Cost will be executed only upon written orders and will become an extra
Charge over and above the estimate.
This proposal subject to acceptance within 180_ days and is void thereafter at the option of the undersigned.
Work shall begin within 10 days of this contract being signed by all parties here and return to the co.
WE HEREBY PROPOSE TO FURNISH LABOR AND MATERIALS COMPLETE IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS,
FOR THE SUM OFL1! Inety eight thousand etaht hur►dred thirty five dollars ($98 835 00) WITH PAYMENT TO BE MADE AS
FOLLOWS: ._.PAY REQUTSI'r'EON
Authorized Signature:
ACCC= PTANCE OF 00 NTf2!)CT
The above prices, specifications and conditions are hereby accepted, You are to do the work as sped
Payment 1011 be made as outlined above.
Accepted by: Signature;
FOR
Church Street (SW 59th PL) Improvements - Phase 1
S.W. 70th Street to S.W. 69th Street
th th
S.W. 66 Street to S.W. 64 Street
A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT - FY 2003
City of South Miami
City's BID No. C103 -1008
"Excellence, Integrity and Inclusion"
South Miami
*Amedcacny
'' 111,
2001
CITY COMMISSION:
Mayor:
Horace G. Feliu
Vice Mayor:
Mary Scott Russell
Commissioner:
Randy G. Wiscombe
Commissioner:
David D. Bethel
Commissioner:
Dan McCrea
City Manager: Maria Davis
City Attorney: Earl G. Gallop
City Clerk: Ronetta Taylor
Director of Public Works: W. Ajibola Balogun, REM
September 2003
VMS Project No. 5734.00
Prepared By:
Williams, Hatfield & Stoner, Inc. Falcon & Bueno
IRMF 4601 Ponce de Leon Boulevard, Suite 220 2655 LeJeune Road, Suite 557
1 ) Coral Gables, F133146 Coral Gables, Florida 33134
Authorization No. 26 License No. P000039
SECTION 00300
PROPOSAL
CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS — PHASE 2
(S.W. 70TH STREET TO S.W. 69TH STREET
S.W. 66TH STREET TO S.W. 64TH STREET)
City Clerk's Office
City Hall
6130 Sunset Drive
South Miami, Florida 33143
Gentlemen:
The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal, as
principal or principals,_ is or are named herein and that no other person than herein mentioned has any interest in
the Proposal of the Contract to which the work pertains; that this Proposal is made without connection or
arrangement with any other person, company, or parties making a bid or proposal and that the Proposal is in all
+ respects fair and made in good faith without collusion or fraud.
The Bidder further declares that he has examined the site of the work and that from personal knowledge
and experience, or that he has made sufficient observations of the conditions of the project site to satisfy himself
that such site is a correct and suitable one for this work and he assumes Rill responsibility therefore, that he has
examined the Drawings and Specifications for the work and from his own experience or from professional advice
that the Drawings and Specifications are sufficient for the work to be done and he has examined the other
Contractual Documents relating thereto, including the Notice of Bid Invitation, Instructions to Bidders, Proposal,
Contract, General and Special Conditions, Technical Specifications, Drawings and has red all addenda prior to the
receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the
work to which this Proposal pertains.
The Bidder further proposes and agrees, if this Proposal is accepted, to contract with the City of South
Miami (Owner), in the form of contract specified, to furnish all necessary materials, all equipment, all necessary
machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the
Proposal and the Contract, and called for by the Drawings and Specifications and in the manner specified.
The Bidder further proposes and agrees to comply in all respects with the time limits for commencement
and completion of the work as stated in the Contract Form.
The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form,
constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner
resulting from the work not being completed within the time limit stated in the Contract Form.
The Bidder further agrees to execute a Contract and furnish satisfactory Performance. and Payment Bonds
each in the amount of one - hundred percent of the Contract price, within ten (10) consecutive calendar days after
written notice being given by the Owner of the award of the Contract, and the undersigned agrees that in case of
failure on his part to execute the said Contract and Performance and Payment Bonds within the ten (10)
consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying his bid
and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner;
otherwise, the check accompanying the Proposal shall be returned to the undersigned after the Contract is signed
and the Performance and Payment Bonds are filed.
00300 -1
The undersigned agrees to accent in full compensation therefore the total of the lump sum prices for the
items named in the following schedule, based on the quantities actually constricted as determined by the
applicable measurement and payment portion of the technical specifications.
Bidders Certificate of Competency No. -20.01
Bidders Occupational License No. —6 0 5q S"�
Acknowledgment is hereby made of the following Addenda received since issuance of the Project Manual:
Addendum No. Dated: Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Attached hereto is a cashier's check on the
Bank of
or Bid Bond for the sum of
Dollars
($ ), made payable to the City of South Miami, !Fid�a
L.S.
(Naink of B dder (Affix Seal)
L.S.
Signa \re of ' r
Vice L.S.
(Title of Officer)
Address: 11 401 GW NO -✓4- 33 x
City: DYYI t State: lr
The full names and residences of persons and firms interested in the foregoing bid, as principals, are as
follows:
Name of the executive who will give personal attention to the work:
00300 -2
LIST OF MAJOR SUB- CONTRACTORS
Bidders are required to list with the Proposal, on this attached sheet all major sub - contractors included for the
prosecution of the work. Failure to complete the list may be cause for declaring the Proposal irregular.
The successful bidder shall employ the sub- contractors listed hereunder for the class of work indicated, which list
shall not be modified in any way without the written consent of the City of South Miami.
The Bidder expressly agrees that:
14 If awarded a contract as a result of this proposal, the major sub - contractors used in the prosecution of the
work will be those listed below.
2. The Bidder represents that the sub - contractors listed below are financially responsible and are qualified to
do the work required.
CATEGORY OR CLASS NAME OF SUB- CONTRACTOR ADDRESS
OF WORK
00300 -3
CHURCH STREET S.W. 59TH PLACE IMPROVEMENTS — PHASE 1
(S.W. 70" STREET TO S.W 69TH STREET
S.W. 66TH STREET TO S.W. 64th STREET)
CITY OF SOUTH MIAMI, BID NO. CI03 -1008
WHS PROJECT NO. 5734.00
BID FORM
Bid prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, contractors
overhead and profit. The quantities for payment under this Contract will be determined by actual measurement of
the completed items in place, ready for service and accepted by the Owner. Contract prices for the various work
items are intended to establish a total price for completing the project in its entirety. Payment for any item not
listed in the Bid Form but shown in the plans shall be included in the proposal. All work and incidental costs
shall be included for payment under the several scheduled items of the overall contract, no separate or additional
payment will be made.
ITEM
RD -1
RD -2
RD -3
RD -4
RD -5
RD -6
RD -7
RD -8
RD -9
ITEM
W -1
W -2
W -3
W -4
W -5
W -6
UNIT
DESCRIPTION QUANTITY UNIT PRICE
ROADWAY ITEMS:
Demolition, removal and disposal
of existing sidewalk.
1500 SF
Demolition, removal and disposal
Furnish and install 12" DIP water main
of existing concrete curb & gutter.
300 LF
Pavement Milling (depth varies — 2" max.)
730 SY
Tree removal and disposal
4 EA
Clearing and grubbing, including demolition,
LF
removal and disposal of existing pavement
1
behind new curb & gutter line.
1 LS
1" Type S -3 Asphalt
730 SY
(including Pavement Marking Replacement)
I
Back of sidewalk area restoration
1 LS
(sod or asphalt)
Type "F" concrete curb and gutter
330 LF
Concrete Sidewalk (4" Thick, 6" at driveways),
including subgrade prep., driveways, drop curbs,
handicap ramps, sidewalks finishes, and providing
and resetting water meter boxes as necessary.
1500 SF
SUB - TOTAL:
DESCRIPTION QUANTITY UNIT
WATER DISTRIBUTION ITEMS:
Furnish and Install 8" DIP water main with
fittings, restrained joints, flushing valve
assemblies, and pavement and sidewalk
restoration
30
LF
Furnish and install 12" DIP water main
with fittings, restrained joints,. flushing valve
assemblies, and pavement restoration
130
LF
Furnish and install 8" gate valve complete
1
EA
Fumish and install 12" gate valve complete
1
EA
Connection to existing 12" water main
I
EA
Coordination with MDWASD for all testing,
Inspections and Certifications
I
LS
$ 5. ?5
$ 1-0
$J25DD
$ 9.50
$ .Z ?65
$_121.6
AMOUNT
$ 900.°—°
$.6/i 9'/. 56
$ IT 00, °b
$ ./ 500. °-=
$5. °-°—
$ S.50 $ .2 5-o.
$
UNIT
PRICE
$
$
$ _ 2
$
AMOUNT
$ 55v.
$11 70[x. -
$ /,7 0 O°
f
$ 5D. P&
$ 15150 �"
ITEM
PMS -1
ITEM
E -1
E -2
E -3
ITEM
SA -1
SA -2
ITEM
LI -1
LI -2
LI -3
LI -4
LI -5
LI -6
CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS - PHASE 1
(S.W. 70th STREET TO S.W 69TH STREET
S.W. 66TH STREET TO S.W. 64th STREET)
CITY OF SOUTH MIAMI, BID NO. CI03 -1008
WHS PROJECT NO. 5734.00
UNIT
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
PAVEMENTS MARKING & SIGNING ITEMS:
Relocate existing signs 2 EA
SUB - TOTAL: $ .30 $�
UNIT
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
ELECTRICAL ITEMS
Install underground electrical conduit for
proposed FPL lighting system under pavement. 400
Install pull boxes for proposed
FPL lighting system. 2
Coordination with FPL during construction 1
SUB - TOTAL:
DESCRIPTION
STREET AMMENITIES ITEMS
Furnish and install benches
Furnish and install litter receptacle
SUB - TOTAL:
LF $ 35. C) $j,�0DC7. =
EA $_ �I SU $ 900.
.LS $_2D00, $ ao
UNIT
QUANTITY UNIT PRICE
2 EA $ 1500
2 EA $
UNIT
DESCRIPTION QUANTITY UNIT PRICE
LANDS CAPING/IRRIGATION _ITEMS
Furnish and install Silver Buttonwood trees
(Soil & mulch is included in plant cost)
Furnish and install Spanish Stopper Trees
(Soil & mulch is included in plant cost)
Furnish and install Wax Jasmine
(Soil & mulch is included in plant cost)
Furnish and install tree root barrier
Furnish and install weed barrier
Furnish and install complete irrigation system
Including MDWASD meter installation charge
and associated coordination
SUB - TOTAL:
00300 -5
9 EA
7 EA
65 EA
150 LF
630 SF
1 LS
$_
$
$ /5
s7.0
$
AMOUNT
$_ CAD �. co
J)[o0
AMOUNT
$ 13,3 5. o�
$
ob
$ r
CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS — PHASE 1
(S.W. 70th STREET TO S.W 69TH STREET
S.W. 66TH STREET TO S.W. 64' STREET)
CITY OF SOUTH MIAMI, BID NO. CI03 -1008
WHS PROJECT NO. 5734.00
Grand Total (Written):
py_t� ylvnb►
ep a-WgNj � v, Jj%M:q,—
+V)0VSn h t7 �-w o ►moo» �
UNIT
w,-�n
ITEM
DESCRIPTION
QUANTITY
UNIT
PRICE
AMOUNT
GENERALITEMS
G -1
Survey
1
LS
G -2
Mobilization
1
LS
$ ;L000
$-
G -3
Dust Control
1
LS
G -4
Maintenance of Traffic, including traffic
control, pedestrian and vehicular access,
signs, barricades, flaggers, and off- -duty
police officer, as required by Engineer
City
I
LS
$ 5 cOD
$_ rJ5DOy W
G -5
and/or
Performance and payment Bond
1
LS
$ _5.a!P0
°-°-
G -6
South Miami Project. Sign (F &I)
2
EA
$�0
$-Z-120D w
G -7
Contingency
1
LS
$_10,000_
$_10,000,0%
SUB- TOTAL:
$_
Grand Total (In Figures):
$ %.2-
Grand Total (Written):
py_t� ylvnb►
ep a-WgNj � v, Jj%M:q,—
+V)0VSn h t7 �-w o ►moo» �
- ffilw4u �wo VbNYLh
w,-�n
�Am
Lv�v4,v
Dollars.
Bidder (Company Name):, 1 _ '9oye_ '��
By (Representative):
Title:
Signature:
Date:
1)(,+ 8, L
a CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS — PHASE 1
(S.W. 701h STREET TO S.W 69TH STREET
S.W. 66TH STREET TO S.W. 64th STREET)
CITY OF SOUTH MIAMI, BID NO. CI03 -1008
WHS PROJECT NO. 5734.00
NOTICE TO ALL BIDDERS
1. The City of South Miami reserves the right to waive any information in any bid, to reject any and all bids and
to delete any part of the above items.
2. Changes in the Contract Price and Contract Time require prior authorization in writing from the Owner and
the Engineer, in the form of a Change Order or Work Change Directive. The Contractor is responsible for
verification of all bid quantities and to report to the Engineer any discrepancies found prior to ordering
materials and or equipment for construction. Refer to General Conditions.
3. Bid prices for the various work items are intended to establish a total price for completing the project in its
entirety. The Contractor shall include in the Bid, any item for which a separate pay item has not been
established in the Bid Form (under any related pay item), to reflect the total price for completing the project in
its entirety, as specified in the Project Manual and Construction Drawings.
*` 4. Bid prices for various work items may be extended by the City of South Miami for additional work at other
similar locations within the City. The Contractor hereby agrees to honor the unit prices established within
this bid proposal for other similar work as requested by the City.
T U. 'Ay r COpp.
Name of Bidder Signatur der
® Telephone No. Fax No.
00300 -7
LJ
u
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this . day of , 20 �r� , A.D. by and
between the City of Couth Miami, parry of the first part (hereinafter sometimes called the "Owner "), and
V�c1�c3r ,party of the second part (hereinafter sometimes called the
"Contractor").
WHEREAS: Miami -Dade County through its office of Community Development has entered
into a contract with the Owner, and
WHEREAS: the Owner desires to engage the Contractor to perform services as stated herein:
WITNESSETH, That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follows:
1.01 SCOPE OF WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the Drawings and
described in the Project Manual entitled:
CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS — PHASE 1
(S.W. 70T' STREET TO S.W 69TH STREET
S.W. 66' STREET TO S.W. 64' STREET)
as prepared by Williams, Hatfield, & Stoner, Inc. acting as, and in the Contract
Documents, entitles the Owner's Engineer, and shall do everything required by this
Contract and the other Contract Documents.
1.02 THE CONTRACT SUM
A. The Owner shall pay to the - Contractor for the faithful performance of the Contract, in
lawful money of the United States, and subject to addition and deductions as provided_
in the Contract Documents, as follows:
B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the
Contractor, a copy of said Proposal _being a part of these Contract Documents, the
aggregate amount of this Contract is the sum of - 4 nd
M�h cr -Tux aej..Dollars ($ A132. 50
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 SixV 60) calendar days after the
commencement date established in the Notice to Proceed.
00500 -1
1.05
A
LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and should the
Contractor :.fail to complete the work within the specified time, or ay authorized
extension thereof, there shall be deducted from the compensation otherwise to be paid
to the Contractor, and the Owner will retain as liquated damages the amount of
One Thousand dollars ($1,000.00) per calendar day for each calendar day elapsing
beyond the specified time for completion or any authorized extension thereof, which
sum shall represent the actual damages which the Owner will have sustained by failure
of the Contractor to complete the work within the specified time; it being further agreed
that said sum is not penalty, but is -the stipulated amount of damage sustained by the
Owner in the event of such default by the Contractor.
00500 -2
-
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 if 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
A
LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and should the
Contractor :.fail to complete the work within the specified time, or ay authorized
extension thereof, there shall be deducted from the compensation otherwise to be paid
to the Contractor, and the Owner will retain as liquated damages the amount of
One Thousand dollars ($1,000.00) per calendar day for each calendar day elapsing
beyond the specified time for completion or any authorized extension thereof, which
sum shall represent the actual damages which the Owner will have sustained by failure
of the Contractor to complete the work within the specified time; it being further agreed
that said sum is not penalty, but is -the stipulated amount of damage sustained by the
Owner in the event of such default by the Contractor.
00500 -2
B. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall be.
considered a day scheduled for production.
1.06 PARTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and subject
to additions and deductions as provided, the Owner shall pay the Contractor as follows:
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 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 famished in the manner and form satisfactory to the Owner.
00500 -3
now
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in five (S) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original Contract.
City of South Miami,
Parry of the First Part
(Seal)
By:
Attest: City Manager
City Clerk
LL.
Contracto
Party of the Second Part
WITNESS: (If corporation, attach
Seal and attest by Secretary) p
Prcnsr "
Title
APPRO DAS TO AND APPROVED AS TO FINANCE:
L TY:
B & - �r
Ci o y y'
Dir &tor of Fin ce A
C' o South iami City. of South iami �*
( *) 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.
CERTIFICATE
(Sample)
STATE OF FLORIDA )
ss
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of .
Lc" r cn _, a corporation under the laws of the State of Florida , held
on _,20L3, the following resolution was duly passed and adopted:
','RESOLVED, that ,) OSE ,,�1. /�4 ���� as -RaeS d eyr 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 kDog . , 20..
00500 -5
SECTION 00510
SUPPLEMENT TO CONTRACT
BETWEEN
CITE' OF SOUTH MIAMI
AND
FOR
CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS —PHASE 1
(S.W. 70TH STREET TO S.W 691H STREET
S.W. 66Tx STREET TO S.W. 64TH STREET)
This Addendum is made and entered into as of the day of ,
2002 between the City of South Miami ( "City ") and T'. J. v ErnE nY ("
or Contractor), who agree as follows:
WHEREAS, the parties agree that certain terms of the Agreement between
the City and for needs to
be clarified due to a few scrivener's errors, as well as substantive clarification;
and,
WHEREAS, to resolve the scrivener's errors and to provide clarification,
the parties agree to amend the original Agreement by executing this Addendum.
NOW THEREFORE, in consideration of the sum of $10.00, the mutual
promises and covenants contained in this contract, and for other good and valuable
consideration, the receipt and legal sufficiency of which is acknowledged by both
parties, the parties agree as follows.
Section 1. Whereas Clauses.
1.1 The above referenced whereas clauses are incorporated into this
Addendum.
Section 2. Sovereign Immunity and Attorneys' Fees.
2.1 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.
00510 -1
3.1 Any claim or dispute arising out of or related to this agreement shall
be subject to informal mediation as a condition precedent to the institution of legal
or equitable proceedings by either party. Both parties waive the right to
arbitration. The parties shall share the mediator's fee and any filing fees
equally:- The mediation shall be held in Miami -Dade County, Florida, unless
another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in the circuit court for the 11th judicial ;as
circuit for the State of Florida.
Section 4. Signatory Authority.
lee, .
4.1 The officials executing this Agreement warrant and represent that fired
they are authorized by their respective agency to enter into a binding agreement.S
Section 5. Liens.
5.1 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.
Section 6. Incorporate by Reference Documents enclosed in Project
Manual.
6.1 The contract enclosed within the "Project Manual for Church Street
Improvements — Phase 1 — City of South Miami, City's BID no.: CI03- 1008" and
all attachments in the Manual shall be incorporated by reference into the contract,
as exhibits to the contract. The Project Manual shall consist of the items enclosed
in the attached exhibit 1, entitled "Table of Contents." Between the contract and
the attachments in the manual, the provisions of the contract shall control should
there be any inconsistency in the documents. However, the provisions of this
addendum shall control any inconsistent provisions in the contract or attachments
in the Manual.
Section 7. Transfer And Assignment,
7.1 None of the work or services under this contract shall be
subcontracted 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.
00510 -2
a
....__.......... _
7.2 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.
Section S. Examination And Retention Of Contractor's Records
8.1, 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.
8.2 The Contractor agrees to include in first -tier subcontracts under this
contract a clause substantially the same as subparagraph 8.1 above.
"Subcontract," as used in this clause, excludes purchase orders not exceeding
$10,000.
8.3 The right to access and examination of records in subparagraph 8.1
shall continue until disposition of any mediation, claims, litigation or appeals.
Section 9. Ownership Of Documents
9.1 All documents, reports, plans, specifications or other records,
including electronic records, resulting from the professional services rendered by
the Contractor under this contract shall be deemed the property of the City and the
City shall have all rights incident to this ownership. The Contractor acknowledges
that all documents prepared under this contract shall be public records, and shall
be subject to public inspection and copying, as .provided by. Florida 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.
Section 10. Severaibility
10.1 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.
00510 -3
,as
red
a
Section 11. Contingency Fee And Code Of Ethics Warranty
11.1 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.
11.2 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.
11.3 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.
Section 12. Warranty Of Authority
12.1 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.
Section 13. Independent Contractor
13.1 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.
Project Manual. CITY:
Maria Davis
City Manager
City of South Miami
61.30 Sunset Drive
South Miami, FL 33143
Date:
Approved as to Form
Earl G. Gallop, City Attorney
President
00510 -4
IS
as
rei
a