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Res. No. 011-08-12608RESOLLITIONNO... 11-08-12608 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MEF CONSTRUCTION, INC. FOR CITYWIDE DRAINAGE IMPROVEMENTS - PHASE IV CONSTRUCTION IN AN AMOUNT OF $349,334.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106 -1730- 541 -6310 AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S GRANT ACCOUNT NUMBER 106- 1727 - 536 -6550; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide drainage improvements and traffic calming along SW 58th Avenue from SW 74th Street to SW 80th Street and SW 74th Terrace from SW 57th Avenue to SW 58th Avenue (known as Citywide Drainage Improvements - Phase IV); and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with MEF Construction, Inc. for the Citywide Drainage Improvements - Phase IV project for an amount of $349,334.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute construction contract with MEF Construction, Inc. for the Citywide Drainage Improvements - Phase IV project for an amount of $349,334.50. Section : That the project's construction cost shall be charged to SFWMD Grant Account No. 106 -1730- 541 -6310, with account balances of $200,000.00 and the balance of $149,334.50 will be funded from Florida Department Environmental Protection account number 106- 1727 - 536 -6550 with account balance of $606,400.00. Section 3: The attached exhibit is incorporate by reference into this resolution. Include Fife Name and Path COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Page 3 of 4 ° INCORPORATED ° CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Dtctor Public Works & Engineering Department Date: January 28, 2008 Agenda Item No.: Subject: Construction Contract with MEF Construction, Inc. for Citywide Drainage Improvements — Phase IV Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MEF CONSTRUCTION, INC. FOR CITYWIDE DRAINAGE IMPROVEMENTS — PHASE IV CONSTRUCTION IN AN AMOUNT OF $349,334.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106- 1730 - 541 -6310 AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S GRANT ACCOUNT NUMBER 106- 1727 - 536 -6550; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute construction agreement with MEF Construction, Inc. for the Citywide Drainage Improvements Phase IV. Reason /Need: As we continue to upgrade our drainage system citywide, we have completed drainage improvement construction design plans and bid phase analysis for the following street: ® SW 5EP Avenue from SW 74th Street to SW 80th Street. SW 74th Terrace from SW 57th Avenue to SW 58th Avenue As discussed with the neighborhood residents during a public workshop on August 30, 2007, we intend to continue the sidewalk along the west side of SW 58th Avenue, from just south of SW 74th Street to SW 80th Street. The Notice of Bid Invitation for the construction bid was publicly advertised on November 13, 2007, with pre -bid conference held on Tuesday, December 4, 2007. The sealed bids were publicly opened on Friday, December 14, 2007. Eighteen bidders responded with bids ranging from $349,334.50 to $668,397.80. We have worked with our engineering consultant (TYLIN International /HJ Ross) to review the bids and check references. Attached is the recommendation letter submitted by TYLIN International /HJ Ross recommending MEF as the lowest responsive bidder. Cost: $349,334.50 Funding Source: $200,000 will be funded from SFWMD Grant Account No. 106- 1730 -541- 6310 with account balances of $200,000:00 and the balance of $149,334.50 will be funded from Florida Department Environmental Protection account number 106-1727-536-6550 with account balance of $606,400.00. Backup Documentation Ll Q U Q El L3 LJ Ll Proposed Resolution Bid Opening Report Tabulated Bids Certified Advertised Notice of Bid Invitation Engineer of Record's letter of recommendation Reference Check for the Contractor Copy of Section 00500 (Contract) of the Project Manual Map of Project Area MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - NOTICE OF BID INVITATION CITY OF SOUTH MIAMI BID NO.: C107-1214 in the XXXX Court, was published in said newspaper in the issues of 11/13/2007 Afflant 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 is add ment for publication in the said newspa r Sworn to and subscribed be ore me this 13 day of N D. 2007 (SEAL) O.V. FERBEYRE personally known to me MARIA I. MESA NOTARYPUBLic STATE OFFLORID V Commission #DD293855 Expires MARCH 04, 20OF :NOTICE OF .BID ,-INVI' TATidw CITY OF SOUTH MIAMI BIDNo". i 0107 -1214 The City of South Miami will receive sealed Proposals until 3.000m,', Local Time, Friday, December 14, 2007 inthe Office of the.CityClerk, i ,6130 Sunset Drive, South Miami, Florida 33143Jbirthefollo 16a proj4ct; CITYWIDE DRAINAGE IMPROVE M'E, NTS .PHASE IV The Project consists of the insiallati6n.''o-f approximately 1J, Jebt:�Of 18'.to 24- 26 linear, - storm sewer and 'exii1tration. trench, bssociated: structu res new - 4" "concrete sideWalk, roadway restoration,- , milling; an pavement' d r6surfacing. Bids will be opened publicly at o . r shortly after 3:05 P.m., on Friday,' December 14, 2007 in the City imssion 6 Chamber I Drive; South Miami, Florida. 30 Sunset Bid doCuments'may be obtained on or after Tue' sday, November .113, 2007 from the office of the City Clerk, City of South Miami. A $100.00 ! non-refundable deposit for plans and specifications is required The bid Will be awarded to the lowest responsible bidder, but the City of South Miami reserves the right to reject any and &11 bids, to waive any information in any bid, and to increase Or decrease the *quantities shown in the Bid Form, if the City Manager deems it to i n be the est interest of the City of South Miami. a Bids which contain irregularities of any kind ma ay be rejected as A non-mandatory pre-bid conference will be held at the City of South ,Miami, City Commission Chamber, 6130 Sunset Drive, South Miami, Florida,-'at 11:ooam, local time,- Tuesday, December 4', 2007. All interested contractors are invited to attend. The City of South Miami is an'Equal Opportunity Employer and encourages the participation' of certified Black and MBE Contractors. Maria M. Menendez, CMC City Clerk 11/13 07-B-08/918837M; r4r,or, p RATED Bids were opened on: Friday, December 14, 2007 at: 3:05P For: Citywide Drainage Improvements, Phase IV-Project No. C107-1214 Pre-Bid Estimate: $398,000.00 10 colm- AM "I Wfflpwlulro,"�� 1. ACOSTA TRACTORS, INC. -// Y -79 F 2. f4G ENGINEERING INC. 3. BUDGET CONSTRUCTION CO., INC !q els 00,7 7 ®0 4. CARIBE UTILITIES OF FLORIDA, INC 000 - '00 5. DEVELOPMENT & COMMUNICATION GROUP OF FLORIDA, INC. L, Spa 9.0 6. FOUNTAIN ENGINEERING, INC Sz- 7. HOMESTEAD CONCRETE & DRAINAGE, INC. 8. NA ENGINEERING CONTRACTOR INC. ?2 9. LEON'S ENGINEERING CORP. i� 3//. 20 10.. M. VILA & ASSOCIATES, INC. 11. MASTER EXCAVATOR'S INC. 12. MffiF CONSTRUCTION, INC 4 j; q 13. METRO EXPRESS, INC. L ez>c- 14. M[IGUEL LOPEZ, JR. INC z17K-.5701- 110 5. ROCK POWER PAVING, INC 16. SOLO CONSTRUCTION CORPORATION y4 n6,5-:43. zs- 17. TRAN CONSTRUCTION, INC. 31,q ;9?-R. o 18. WILLIAMS PAVING CO. INC THE ABOVE BID AMOUNTS HAVE NOT BEEN CHE( THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BEDS IL REVIEWED. City Clerk's Sign: Witness: I Hd ROSS 201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134 Tel. 305.567.1888 - Fax. 305.567.1771 - EMAIL: hiross@hjross.com December 21, 2007 Mr. W. Ajibola Balogun, REM Public Works Director City of South Miami 4795 S.W. 75th Avenue Miami, FL 33155 Re: Citywide Drainage Improvements — Phase IV Bid No. C107-1214 The bids for the referenced project were opened on December 14, 2007. Eighteen bidders responded with bids ranging from $349,834.50 to $684,397.80. Attached is a copy of the Summary of Bid Documentation Review. The low bidder is MEF Construction Inc. No irregularities were found in the low bidder's submittal. We interviewed the references and the bidder received good recommendations. We also interviewed the low bidder on December 20, 2007 to make sure they understand the Project Manual provisions, schedules, and quantities. We recommend the award of the contract to the low bidder, MEF Construction Inc pending the City's le review. Please callflus if y/6u have ao questions. Jose nstruction WROSS 201 AlhaTbra Circle, Suite 900 Coral Gables, FL 331 4 Phone (305) 567-188,8, Ext. 261 Cell (786) 258-2961 Fax (305) 567-1771 inessi(cbtylin.com RECOMMENDATION CS Miami - MEF Construction RPOOMO 1927 R19 Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing W- I is a potential , contractor for the !LM"fKOVEM 5 vww RA 60 - {'2.t+ It is our practice to obtain referents from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1- poor 2 - average 3 - above average 4- very good 5- excellent 2-- 3 -T-4 5 Criteria A. Ability to copiplets prqject on time B. Ability to stay within the budget C. Quality of work D. Financial standing (if ap plicable) E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): Reference given by: Reference check conducted by: • Name & TitleZI Name: GO 7- RE Address: City/St/Zip Telephone 30S -A coo - 'soot Date .61ndantf 101?A05 If you have any question about this form, please call. (305)663-6350. Engineering & Construction Department Contractor References 'ased on Experience, Ability and Financial Standing A-F—F- COV%AVJV�OVI. TWAC - is a notentin] enntrantnr few the , * I %aivA A se W C104-MI4 It is our practice to obtain references from individuals and companies who have worked with ai 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: 4 14rLap-- PRVIA, es 06'a Name &Title V"MAAACk*ftjO%A-e-j- AO Address: i i 4 4 6 4 RLI*5r City/St/Zip Telephone Date 34&-%%)QvLi to. ?-oioA Reference check conducted by: Name: t'Aj4e,( cy�j 2 P 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 � I I -- "I I - .� kIC - is a potential contractor for theCt+m w ede Cmgelknpm—ew PJAaOI-421141t is our practice to obtain referent, 6s from indivic1bals 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 /2Ot6r;v%S I 1'1,y 4 PYOT-C C,+ Ma4MIJ4 V Address: Name: tA L-�-a-qj CN I i City /St/Zip Telephone 0 1 9,z I — -P R I Date -36kInVQY!I to, 1 j If you have any question about this form, please eatl (305)663-6350. Contract: 630237Q-A Work Order No: N/A Contract Name: Quality Neighborhoods Improvement Program (C)N|P) Sidewalk Construction Contract Award Amount: $440,000.00 Contact: George L. C0pp0}cochi4 Contract Type: CONSTRUCTION Contractor MEFConatruntiun FEIN' 050372282 Evaluator ID: LOUISN Date: 8/24/2005 Period: Project conclusion or closeOL _Rating IF- Schedule - Quality of schedule & adherence to schedule r( timeliness and minimizing delay to the owner and commur Post effectiveness & efficiency - Budget compliance & valL lVision - Design - Concepts or adherence to criteria. ICooperation - Teamwork & relationship with owner, subs F- lCoordination - Ability to organize, schedule and complete I adherence to the schedule. Accuracy & Technical Skills - Cost estimating, scheduling, other drawings, plans, manuals, project documentation ant ICompleteness - Compliance with contract documents, pen & standards. 1Responsiveness - Timely, clear & concise responses to ov comments and correspondence. F1 -6- JPersonnel - Quality and dedication of project staff. 5-1 ----] Imanagement - Leadership ability. F1-2---] =lQuality - Work performed correctly the first time. Overall Performance Average: 3.0 Documentation that supports this evaluation and Contrectors/Conou|tant's comments can be obtained by contacti George Coppolechia otPhVne#3O5-297-U705 Evaluation Reviewed by: Supervisor F-.-,' Division Chief r— Assistant Director [] Director f.—J!, The method of delivery of this evaluation hocmntractor/conoultan: Certified Mail [] EMai|[71 Fax [71', Hand (Unresponsive Performance by contractor/consultant requires 2 delivery methods) Evaluation delivered to: mhtml:file:IIC:\Documents%20and%2OSettings\JNessi\Local%2OSettings\Temporary%2... 12/28/2007 CIIS - PR()JECI EVALUATION Wednesday, December l4,2007-l2:2l:l2PM Page 2oF2 ° Rating -Key 4 Superior performance - Exemplary quality, no intervention required - project completed on time or early at below budget with no change orders or amendments other than owner requested changes. 3 Satisfactory performance - Minor errors noted, addressed with timely corrective action. No serious errors ni or corrective action needed. 2 Guarded performance Errors and Omissions documented in writing with timely corrective action. 1 Unresponsive performance documented in writing without timely corrective action. N/A. No Information ro}trol:fi}e)YC^DV[nonondG%2Aand%20S o8}%20S — 12/28/2007 ClI8 -PR(}JB[T E\/ALlJ/\T7{)N Wednesday, I)occoibcr l4, 20O7 - 12:19:54 PM Page l of Contract: 629540C> Work Order No: N/A Contract Name: Quality Neighborhoods Improvement Program (QN|P) Sidewalk Construction -Contract No. 1 Award Amount: $1'000'000.00 Contact: Raul Cruz 305-375-4182 Contract Type: CONSTRUCTION Contractor yWEFConntruction FEIN' 650372282 Evaluator ID: LOUISN Date: 8/24/2005 Period: Completion of constructioi Schedule - Quality of schedule & adherence to schedule r( timeliness and minimizing delay to the owner and commur lCost effectiveness & efficiency - Budget compliance & vaIL Ivision - Design - Concepts or adherence to criteria. ICooperation - Teamwork & relationship with owner, subs 2 lCoordination - Ability to organize, schedule and complete I adherence to the schedule. Accuracy & Technical Skills - Cost estimating, scheduling, other drawings, plans, manuals, project documentation ani �Completeness - Compliance with contract documents, pen & standards. Responsiveness - Timely, clear & concise responses to ov '--7F—]F—][-"'IF--]F—�lcomments and correspondence. JPersonnel - Quality and dedication of project staff. Imanagement - Leadership ability. lQuality - Work performed correctly the first time. Overall Performance Average: 2.8 Documentation that supports this evaluation and nuKant's comments can be obtained bvconbaot Raul Cruz O±PhOoo# 305-298-0643 Evaluation Reviewed by: Supervisor F--., Division Chief F.--.,.' Assistant Director F-1 Director r-7 The method of delivery of 'this evaluation tocnntractor/onnauKant: Certified Mail EMaii[� Fax Hand (Unresponsive Performance by contractor/consultant requires 2 delivery methods) Evaluation delivered to: nihtml:file:HC:\Documents%20and%2OSettings\JNessi\Local%2OSettings\Temporary%2... 12/28/2007 CIIS-PROJECT EVALUATION Wedliesday, December l4,2OU7- 12:19:54 PM Page 2of2 ° Rye^yg-Ke� 4 Superior performance - Exemplary quality, nointerventionmquimd - projectmmpletedonUmeorearly at below budget with no change orders or amendments other than owner requested changes. 3 Satisfactory performance - Minor errors noted, addressed with timely corrective action. No serious errors ni or corrective action needed. 2 Guarded performance Errors and Omissions documented in writing with timely corrective action. 1 Unresponsive performance documented in writing without timely corrective action. N/4. No Information mhtml:file:IIC:\Documents%20and%2OSettings\JNessi\Local%2OSettings\Temporary%2... 12/28/2007 Page I of I LIMMUM From: Adela lsouth.net Sent: Thursday, December 2O.2OO741GPK8 To: miguel.cruz@tylin.com Cc: n�conn�� |i oonn _=,,' .,_—=_' '�`__— Subject: Citywide Drainage Project Miguel: Following our meeting today ! ant to let you know that | feel ok with the prices. Should you have any other question do not hesitate to contact me at 306-216-0977. Miguel Oogno mefnnnntnucUon@belsouth.net l2/20/2007 T L O A 0' 0 > 00 M M M cn 2 2. T 3 3 > > O ................. --------------- fn sv rn a»f»w<a e»sa cn rn exwfnw -------- O ....... , P. " p ow " 4 .......... . . . . . . . . ... . . o 0 -------- - ----------- � 0000 . . . . . . . . . . . . . ..o ................ 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P I 0 O C, SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this ?/) day of 20D f-, A.D., by and tween the City of South Miami, party of the first part (hereinafter som*e"tVii es called the "Owner"), party of the second part (hereinafter sometimes called the WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually ,rpe as follows: A. The 'Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Permitted Drawings and described in the Project Manual entitled: CITYWIDE DRAINAGE IMPROVEMENTS, PHASE IV CITY OF SOUTH MIAMI, FLORIDA - as prepared by T.Y. LIN INTERNATIONAL/H.J. ROSS acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 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 D m n ts,;, the �*r aggregate amount of this Contract i he lump sum of --- I E 7-h Wunal A,90x- Dollars ($ 9 55 Y. 529 } COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than one hundred twenty (120) calendar days after the commencement date established in the Notice to Proceed. 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 OF SOUTH MIAMI 00500-1 de Drainage Improvements, Phase IV W, 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 be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent 'or representative as in compliance with the terms of this Contract and/or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Project Manual covering said work; and the Owner may require the Contractor and/or his insurer to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and/or services which within a period of one (1) year from and after the date of the passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in anyway 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. A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Fifteen Hundred Dollars ($1500.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: CITY OF SOUTH MIAMI 00500-2 Citywide Drainage Improvements, Phase IV 1 Within 30 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection, with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. ADDITIONAL BONS A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES A. The City does not w ' alve sovereign immunity for any claim for breach of con ' tract 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 asonable attorney's fee and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. • A. Any claim or dispute arising out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to ' arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami-Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the circuit court for the 11`h Judicial"Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY A. The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. CITY OF SOUTH MIAMI 00500-3 Citywide Drainage Improvements, Phase IV LIENS A. Contractor is prohibited from placing a lien on the City's property-This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors. 1.12 - INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL A. The contract enclosed within the "Project Manual for the Citywide Drainage Improvements - Phase IV, City of South Miami, City's BID No: C107-1214" and all attachments in the Manual and the Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the documents. 1.13 TRANSFER AND ASSIGNMENT A.- None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Sub-Contractors (page 00300-4 of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and -Contractor shall be responsible and indemnify the City of all subcontractors' acts, errors or omissions. B. The Con ' tractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; pro ' vidod, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. B. The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as subparagraph 1.14A above. "Subcontract," as used in this clause, excludes purchase order not exceeding $10,000. C. The right to access and examination of records in subparagraph 1.14A shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS A. All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City an ' d the City shall have all rights incident to this ownership. The Contractor acknowledges that all document prepared under this contract shall be public records, and shall be. subject to public inspection and copying, as provided by Florida Statutes Chapter 119. Upon conclusion of the contract and any extensions, all documents shall be delivered by the Contractor to the City. The CITY OF SOUTH MIAMI 00500-4 Citywide Drainage Improvements, Phase IV Contractor shall have the right to retain copies of the documents at the -Contractor's expense. 1.16 SEVERABILITY A. Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 1.17 CONTINGENCY FEE AND CODE OF ETHIS WARRANTY A. Contractor warrants that neither her it, nor any.principal, employee, agent, representative or family member has promised to pay, and Contractor has not, and will not pay a fee the amount of which is contingent upon the City awarding this contract to the Contractor. B. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami-Dade County or the City of South Miami conflict of interest and code of ethics ordinances. C. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Contractor. 1.18 WARRANTY OF AUTHORITY A. The signatories to this contract warrant that they are duly authorized by action to their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions, and warranties contained in this contract. 1.19 INDEPENDENT CONTRACTOR A. The Contractor is furnishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer-employee relationships. CITY OF SOUTH MIAMI 00500-5 Citywide Drainage Improvements, Phase IV IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date above written in five (5) counterparts, each of which shall, without proof or accounting for the c counterparts, be deemed an original Contract. (Seal) c�` �t. �, - �� ..cam �� a��. -.�: WITNESS: (If corporation, attach Seal and attest by Secretary) Contractor's Resolution No. APPROVED AS TO FORM AND I P(�Al ITY- City of South Miami, Florida Party of the First Part .-I- By: co—tjuca&c� -rnCity manager Contractor Party of the Second Part 0 Title APPRQVE"S TO FINANCE: Miami ATE OF COUNTY C ,passed anc "RE corporation between th execution tl t the official; I ful IN corporatior In the event that the Contractor is a nortphe s g of Directors of the Corporation, authorizg officer who igns the Contract fordo so in its behalf be completed. CITY OF CitYwide ,-id date or the ( �Iution of so in its t CERTIFICATE (Sample) STATE OF FLORIDA) ss COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of <:::0 tj FF-0 c::QPK)i a corporation under the laws of the State of held on FEb JJ— 200Z—, the following resolution was duly passed and adopted: "RESOLVED, that . ..... MIGUCL 01�'4W4 as IP431 —President of the corporation, be and he is hereby authorized to execute the Contract dated-Migt 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. 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