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Res. No. 165-04-11944RESOLUTION NO. 165-04-11944 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 S98,835 TO BE CHARGED TO U.S.ENVIRONMENTAL PROTECTION AGENCY GRANT ACCOUNT NUMBER 001-0000-132-2061;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the Mayor andCity commission wishto provide amuchneededpotable drinking water extension within the Downtown Drainage Improvement -Phase III project (SW 73rd Street from SW 58*Court to US-1);and, WHEREAS,this improvement ispart of the Downtown Infrastructure Improvement Master Plan,with funding to come fromaUS 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 andCity Commission authorize the City Manager to execute a change order withT.J.Pavement Corp.forthe construction of watermain extension withinthe Downtown Drainage Improvements -Phase IIIforan amount of $98,835.00. Section 2:The project willbe funded through grants fromUS 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 19 th day of October 2004. APPROVED: Qt-O^u-^ve- Maria Menendez,City Clerk READ AND APPROVED AS TO FO!<\i: ATTEST: Mary Soott RusseM,Mayor, Commission Vote:4-0 Mayor Russell:Yea Vice Mayor Palmer:Yea Commissioner Wiscombe:absent Commissioner Birts-Cooper:Yea Commissioner Sherar:Yea CITY OF SOUTH MIAMI South Miami Inter-office Memorandum TO:Honorable Mayor,Vice Mayor &City Commission FROM:Maria V.Davis City Manager 2001 DATE:October 19,2004 AGENDA ITEM No.[0 RE:Authorizing the City Manager to execute a Change Order for the Proposed water main extension addition to the Downtown Drainage Improvements Phase 3 RESOLUTION: 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 HI 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 areaisoneofthe major objectives ofour Downtown Infrastructure Improvement Master Plan.Since the beginning ofthe project,we have managed to extend and upgrade the system within every phase with the exception of SW 73rd Street from approximately SW 58th Court tojust east of US 1 due to lack of funding.After seeing the progress and improvements we've made with thelasttwo phases,oneofour funding agencies (US EPA) decidedtoincreaseourfundingby $130,100 toassistwith meeting watermainanddrainageneedswithin 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 heis constructing the drainage system along the same street (SW 73rd Street from approximately SW 58th Court to just east of US1).Thescope of theconstructionwillinclude: •Furnishandinstall705linealfeet of 12-inch(ductileironpipe)water main •Furnish and install four(4)12-inchGate valves •Furnish and install two (2)fire hydrants. •Removethree(3)existing12-inchplugvalvesandconnectionofproposedsystem. •Design,permit (MD WASD,DOH,DERM,etc.)and obtain certification ofthewater distribution systemuponcompletion. •To obtain performance and payment bond from an"A"rated or better company asto General Policyholders Rating and Class Vor better asto Financial Category byBest's Key Rating Guide. Page 2 of2 Comm.Mtg.Agenda October 19,2004 Weareproposingto"piggyback"onourChurchStreet Improvement -Phase1contractwithT.J. PavementCorp.forthework.Again,theprojectwillbefundedthroughUSEPAaccountnumber 001- 0000-132-2061 with account balance of $130,100. RECOMMENDATION: Itis recommended that theCity Commission approvetheresolution. ATTACHMENTS: Q Proposed Resolution a Contactor's proposal •ChurchStreetImprovement-Phase1("piggyback")contract •Map of Proj ect Area FROM :T J PflUEMENT CORP TJ Pavement Corp. ENGINEERING CONTRACTOR. 11401 SW 40ST.,STE.335 MIAMI,FL33165 Ph (305)220*1220 Fax(305)220-1019 FAX NO/:3052201019 Oct.0S 2004 02:40PM P2 PROPOSAL SUBMITTED TO:CITY OF SOUTH MIAMI NAME:Mr.W.Atibola Batooun ADDRESST"4795SW 75"Avenue project:SMiMfrni ^• NAME:,73*St Water Main between SB*Gt &59^Ct ADDRESS: CITY/STATE:Miami FL MISS PHONE:(305)668-7354 FAX:13051668-7208 ClTY/STATEL_Mlaml,FL DATE:10/08/2004 The following construction: ♦(705)U/ft of 12"Water Main construction ©$90.00 per l/ft ♦(4)12"Gate Valves @ $2750.00 each ♦(2)Fire Hydrant Assemblies @ $3.850.00 each ♦(3)12"Existing Plug Removal and Connection @ $850.00each ♦(1)Mobilization ♦(1)Surety Bond Expense ♦(1)Design,Permit,Inspection 4 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: •No WaterMeter along the proposed route was noted In the field therefore no cost was included for water services. Theworkand perfbmwd bythe comay resultIn a lien being placed onthe premises described above,ineasetheowneror contractor defaultit'sinanypaymentunderthis contract Ovmer hereby agrees to accept fill!msponstbiKy for all fences,sidewalks,enunderground pipes,wires,septic tanks,drain tines,wells,etc unless stated above. Owner is liable in fuB amount of contract intheeventownercancelsafterwork has started. Theco shafl notbe response for(terrageor d^ defects m the premises onwhich workto be done. In the event ofany default ofthis contract by owner-owner agrees to pay all cost and reasonable attorneys'fees incurred byTJ Pavement Con as a result of said default AD materials are guaranteed to be asspecified.Ail work to be completed in aworkman like manner according tostandard practices.Any alteration ordeviation from above specifications involving extra cost wfli be executed only upon written orders andwill become anextra charge over andabovethe estimate. This proposal subject to acceptance within _180_days and is void thereafter attheoption oftheundersigned. Work shad begin within 10days ofthis contract being signed by an parties here and return totheco. WE HEREBY PROPOSE TO FURNISH LABOR AND MATERIALS COMPLETE IN ACCORDANCE WTTH THE ABOVE SPECIFICATIONS, FOR THE SUM OFiUlnetv eight thousand eloht hundred flilrtv five dollars ($98.835.00)WTTH PAYMENTTO BE MADE AS FOLLOWS:PAY feBQUISITTQ^ Authorized Signature:""~~~"—* _ACCEPTANCE OFCONTTRACT me above prices,specifications and conditions are hereby accepted.You are to do the work as sDecffied payment will be made as outlined above.*»H««"-y Accepted by:_Signature; I PROJECT MANUAL FOR ,thChurchStreet(SW 59m PL)Improvements -Phase 1 S.W.70th Street to S.W.69th Street S.W.66th Street to S.W.64th Street ACOMMUNITYDEVELOPMENTBLOCK GRANT (CDBG)PROJECT -FY 2003 City of South Miami City's BID No.CI03-1008 "Excellence,Integrity and Inclusion" zzza /°/ rAnertcaCily Rrf i \\\\V 2001 CITY COMMISSION: Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: City Manager: City Attorney: City Clerk: Director of Public Works: Horace G.Feliu Mary Scott Russell Randy G.Wiscombe David D.Bethel Dan McCrea Maria Davis Earl G.Gallop Ronetta Taylor W.Ajibola Balogun,REM September 2003 WHS Project No.5734.00 Prepared By: Williams,Hatfield &Stoner,Inc. 4601 Ponce de Leon Boulevard,Suite 220 Coral Gables,Fl 33146 Authorization No.26 Falcon &Bueno 2655 LeJeune Road,Suite 557 Coral Gables,Florida 33134 License No.P000039 -JV^c"cr SECTION 00300 PROPOSAL CHURCHSTREET ^.59^^)^^^^-^^ (S W 70th STREET TO S.W.69*STREET S.W.^™STREET TO S.W.64th STREET) City Clerk's Office CityHall 6130 Sunset Drive South Miami,Florida 33143 Gentlemen The undersigned,as Bidder,he,*,^^^^£G:.5S has^Trfst *principal or principals,is or are named herein anI that no•*>*£??^^is made without connection orKoposaloftheContracttowhichtheworkP-^£*££*£_,mi that the Proposal is in allarrangementwithanyotherperson,company,or parties maKmg a Dia v vr^eSfair and made in good faith without collusion or fraud. me Bidder further declares that he has exammed^£S^j£^JE_S_S_5andexperience,or that he has ^"tow^that such site is acorrect and suitable one for this wonc an experience or from professional adviceexaminedtheDrawingsandSpecificationsforthework.and from hiso P ^.^^other that the Drawings and Specifications are ^e£"^_&£Instructions to Bidders,Proposal,Contractual Documents relating thereto,"^^^^T^swings andhas red all addenda prior to the yr^sKS^-maJrs •*-**-^resiMict to *• worktowhichthis Proposal pertains. ;f.w«Pronosal is accepted,to contract with the City of SouthTheBidderfurtherproposesandagrees*J%*^"£%trials,all equipment,all necessary Miami (Owner),in the form of <=°^s^^°^^h!neTeSry *«¥-*-•w°*sPecifed fa ** me Bidder further proposes and agrees to comply in all respect,wtt.the time Hmits for comm and completion of me work as stated tame Contract Form. me Bidder further agrees that the deductions ^^^^J^X^ ^^kiS^ TheBidderfurmeragreesto^^^^ each in the amount of one-hundred percent of the Oj^^T^JJi undersigned agrees that in case ofwrittennoticebeinggiven»to^«**£Zf££Z££Parent Bonds within theten (10)failure on his part to execute the saidContractanPertoimBid Bond accompanymg to bid consecutive calendar days after the ^^<^^JZM_ta«of damages sustained by the Owner$^££!Z^*£££K_J-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 fteitemsn^jt^Llo^g schedule,based on the quantities actually constructed as determined by the applicable measurement and payment portion of the technical specifications. Bidders Certificate of Competency No.£-°H '^(X?) Bidden Omipnrirn?1 T-i™*"^No.^>°"*&&*~1—• 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: ($_ Attached hereto isa cashier's check on the Addendum No. __Addendum No. Bankof _or Bid Bond for the sum of. frC.&>*?'focv^O flvTMJO^*" __),made payable to the City of South Miami,Fl ____________=i- (Nami; Signature of Dated: Dated: e£ Dollars A-CmzX>L.S (Affix Seal) L.S. r L.S. (Title of Officer) r.itv:Miovni _5_b__ State:^l me fuU 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 ofthe 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 ofthe City of South Miami. TheBidderexpresslyagreesthat: 1.If awarded a contract as a result of this proposal,the major sub-contractors used in the prosecution ofthe work will be those listed below. 2.The Bidder represents that the sub-contractors listed below are financially responsible and are qualified to dotheworkrequired. CATEGORY OR CLASS NAME OF SUB-CONTRACTOR ADDRESS OFWORK 00300-3 CHURCH STREET (S.W.59th PLACE)IMPROVEMENTS -PHASE 1 (S.W.70th STREET TO S.W 69ra STREET S.W.66thSTREETTOS.W.64th STREET) CITY OF SOUTH MIAMI,BIDNO.CI03-1008 WHS PROJECT NO.5734.00 BID FORM •f _.,'„*Bid prices stated in the proposal include all costs and expenses for taxes,labor,equipment,matenals,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.AH work and incidental costs shall be included for payment under the several scheduled items of the overall contract,no separate or additional payment willbe made. ITEM , RD-1 RD-2 RD-3 RD-4 KD-5 RD-6 RD-7 RD-8 RD-9 ITEM W-l W-2 W-3 W-4 W-5 W-6 DESCRIPTION ROADWAY ITEMS : QUANTITY UNIT UNIT PRICE AMOUNT Demolition,removal and disposal ofexistingsidewalk. Demolition,removal and disposal ofexistingconcrete curb&gutter. Pavement Milling (depth varies -2"max.) Treeremovalanddisposal Clearing and grubbing,including demolition, removal and disposal ofexisting pavement behindnewcurb&gutterline. 1"TypeS-3Asphalt (including Pavement Marking Replacement) Back of sidewalk area restoration (sodorasphalt) Type "F"concrete curb and gutter 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 SUB-TOTAL: 1500 300 730 4 sf$-2.00 sJ^QO.g DESCRIPTION WATER DISTRIBUTION ITEMS: 1 730 1 330 LF SY EA LS SY LS LF SF QUANTITY UNIT $_£__7S_ s_,vao SJ5M. $9_5_) %_JJ5S %Jl2JlL $UUOO.^ $_z2s~ CO$5.5D *_?.2S0.& UNIT PRICE AMOUNT FurnishandInstall8"DIPwatermainwith fittings,restrained joints,flushing valve assemblies,and pavement and sidewalk restoration Furnishandinstall 12"DIPwatermain with fittings,restrained joints,flushing valve assemblies,and pavement restoration Furnishandinstall8"gatevalve complete Furnishandinstall12"gatevalve complete Connection toexisting 12M watermain Coordination with MDWASD foralltesting, Inspections and Certifications 30 lf s 95.00 %2SSO& SUB-TOTAL: 00300-4 130 LF 1 EA 1 EA 1 EA LS $J__2_£? $/200 £_Z1SQ $_?50 $_£_S_1 s_$/5op,fig CHURCH STREET (S.W.59TO PLACE)IMPROVEMENTS -PHASE 1 (S.W.70th STREET TO S.W 69th STREET S.W.66thSTREETTOS.W.64th STREET) CITY OF SOUTH MIAMI,BID NO.CI03-1008 WHS PROJECT NO.5734.00 ITEM UNIT UNIT PRICE AMOUNT PMS-1 DESCRIPTION QUANTITY PAVEMENTS MARKING &SIGNING ITEMS: Relocateexistingsigns 2 SUB-TOTAL: EA $300 $[pDD.«_ DESCRIPTION QUANTITY UNITITEM ELECTRICAL ITEMS E-l Install underground electrical conduit for proposed FPL lighting system under pavement 400 LF E-2 Installpullboxesfor proposed FPL lighting system.2 EA E-3 CoordinationwithFPLduringconstruction1 SUB-TOTAL: LS ITEM DESCRIPTION OUANTITY STREET AMMENrriES ITEMS UNIT SA-1 Furnish andinstallbenches 2 EA SA-2 Furnishandinstalllitter receptacle 2 SUB-TOTAL: EA ITEM DESCRIPTION OUANTITY LANDSCAPING/nUUGATION ITEMS UNIT LI-1 Furnish and install Silver Buttonwood trees9 (Soil &mulch is included in plant cost) EA LI-2 FurnishandinstallSpanishStopperTrees7 (Soil &mulch is included in plant cost) EA LI-3 Furnish and install Wax Jasmine 65 (Soil&mulch is included inplantcost) EA LI-4 Furnish and install tree root barrier 150 LF LI-5 Furnish and install weed barrier 630 SF LI-6 Furnish andinstall complete irrigation system1 Including MDWASD meter installation charge and associated coordination SUB-TOTAL: LS 00300-5 $3oo UNIT PRICE $2hD0- UNIT PRICE SI Sop svotr UNIT PRICE $7.5£ $/.5£ $__360Q $fccp-* AMOUNT $\%DDQ& $_9flP> AMOUNT 2 \leOD.&> AMOUNT DOsl;?3S" s 7.505. $1,1 ZS. $_____5_|* 00 0> $9&£5.CO CHURCH STREET (S.W.59th PLACE)IMPROVEMENTS (S.W.70th STREET TO S.W 69th STREET S.W.66th STREET TOS.W.64th STREET) CITY OF SOUTH MIAMI,BID NO.CI03-1008 WHS PROJECT NO.5734.00 PHASE 1 ITEM DESCRIPTION GENERAL ITEMS OUANTITY UNIT G-l Survey 1 LS G-2 Mobilization 1 LS G-3 Dust Control 1 LS G-4 Maintenance of Traffic,includingtraffic control,pedestrianandvehicularaccess, signs,barricades,flaggers,and off-duty police officer,as required by Engineer and/or City 1 LS G-5 PerformanceandpaymentBond 1 LS G-6 SouthMiamiProjectSign (F&I)2 EA G-7 Contingency 1 LS SUB-TOTAL: Grand Total (In Figures): UNIT PRICE AMOUNT $j£OD0_$<iOOO& sJlooO $2jypp.& $$aoo «O/Vioes<V*X> s Sooo $5flOC>.&. $__S2___?S J^gPP.g*- $10.000 $10.000.3*- Grand Total (Written):Owg Wnr>z*=sC>^vQgvo^-WIh-st -Hnou<b*^o -V\.Qo V)ovin*2gg> -Hl\>e4M r-v^Q PolNa*,*?uui4h U\t4t\igirrV^_Dollars. Bidder(CompanyName):. By (Representative): Title: Signature: Date: ^"TT__y "Vk^gv^-tfgvo^_Wf? 0^*fP% 00300-6 ! I I I CHURCH STREET (S.W.59th PLACE)IMPROVEMENTS-PHASE 1 (S.W.70th STREET TO S.W 69th STREET S.W.66thSTREETTOS.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 todeleteanypartoftheaboveitems. 2.Changes in the Contract Price and Contract Time require prior authorization in writing from the Owner and the Engineer,in the form ofa 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 ofSouth 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 bythe City. T.T.Pa^ciMemt CpRP- NameofBidder Signatun Telephone No.Fax No. 00300-7 1 SECTION 00500 |CONTRACT THIS AGREEMENT,made and entered into this__2_.day of_^______^T20____l,A.D.by and 8 between the City of Couth Miami,party of the first part (hereinafter sometimes called the "Owner")and•"Tin-.Pw^^ryirlscp^lirfO .party of the second part (hereinafter sometimes called the "Contractor"). I WHEREAS:Miami-Dade County through its office of Community Development has entered intoacontract with theOwner,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 I agree as follows: 1.01SCOPEOF WORK I A The Contractor shall furnish all labor,materials,equipment,machinery,tools apparatus,and transportation and perform all of the work shown on the Drawmgs and |described in the Project Manual entitled: CHURCH STREET (S.W.59™PLACE)IMPROVEMENTS -PHASE 1 |(S.W.70th STREET TO S.W 69ra STREET 1 S.W.66™STREET TO S.W.64th STREET) Bas 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 ContractandtheotherContract Documents. E 1.02 THECONTRACTSUM 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 intheContractDocuments,asfollows: I B Based upon the price shown in the Proposal heretofore submitted to the Owner by theBContractor,a copy of said Proposal being a part of these Contract Document^the aggregate amount of this Contract is the sum of Q\F Unltim\Tiv^sf •Mifr'fr {WQ&<\41-p£H^^^Ttm^X^r_tJ Dollars ff/frg,frfta.SO ). 1.03 COMMENCEMENT AND COMPLETION OF WORK •A>The Contractor shall commence work on the date established in the Notice to Proceed. 8B The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than _Sixtv (60):calendar days after the commencement date established in the Notice to Proceed. 00500-1 ! I i I 1 I 1.04 CONTRACTOR'SACCEPTANCEOFCONDITIONS A.The Contractor hereby agrees that he has carefully examined the sites for the work tobe 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 inthe 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 allparties. C.It is distinctly understood and agreed that the passing,approval and/or acceptance of any part of the work or material by the Owner,his Engineer,or by any agent or representative as in compliance with the items of this Contract and/or of the Project Manual covering said work,shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract,and/or the Project Manual covering said work;and the Owner may require the Contractor and/or his insurer to repair,replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and/or services which within a period of one year from and after the date of the passing,approval,and/or acceptance of any such work or services,are found to be defective or to fail in any way to comply with the Drawings and Specifications.This provision shall not-apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered.The Contractor shall not be required to do normal maintenance work under the guarantee provisions.Failure on the part of the Contractor and/or his insurer,immediately after Notice to either,to repair or replace any such defective materials and workmanship shall entitle the Owner,if it sees fit,to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his insurer,who shall in any event be jointly and severally liable to the Owner for all damage,loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A.It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time,or ay authorized extension thereof,there shall be deducted from the compensation otherwise to be paid to the Contractor,and the Owner will retain as liquated damages the amount of One Thousand Hollars fSl.OOO.OO)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 ofthe 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 Ownerintheevent of suchdefaultbythe Contractor. 00500-2 I i I 1 e i i f ! B.For the purposes of this Article,the day of final acceptance ofthe work shall be considered a day of delay,and the scheduled day of completion ofthe work shall be consideredadayscheduledfor 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 tothe Contractor,onthe basis of the estimate of work as approved bythe Owner's Engineer,for work performed during the preceding calendar month,less ten percent (10%)ofthe amount of such estimate whichistobe retained bythe Owner untilallworkhas been performed strictly in accordance withthis Agreement and until such work hasbeenacceptedbytheOwner. 2.Upon submission bythe Contractor of evidence satisfactory tothe Owner that all payrolls,material bills and other costs incurred bythe Contractor in connection withthe work have been paid in full,and also,after all guarantees •thatmaybe required inthe specifications havebeen furnished and are found to ™be acceptable by the Owner,final payment on account ofthis Agreement shall bemadewithinsixty (60)days after completion bythe Contractor of all work •covered bythis Agreement and acceptance of suchworkbythe Owner. 1.07 ADDITIONAL BOND A.Itis further mutually agreed between the parties hereto that if,atanytime after the execution of thisAgreement and the Performance and PaymentBonds hereto attached for its faithful performance,the Owner shall deem the surety or sureties upon such bonds tobe unsatisfactory,or if,for any reason,such bond(s)ceases tobe adequate to coverthe performance of the work,the Contractor shall athis expense,and within three (3)daysafterthereceipt of Notice from theOwnerto do.so,furnish an additional bond or bonds,in such form and amount,and with such sureties as shall be satisfactory tothe Owner.Insuchevent,no further paymenttothe Contractor shall bedeemeddue under this Agreement until such new or additional security for the faithful performance of the workshallbe furnished inthe manner and form satisfactory totheOwner. 00500-3 i i ! I 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 Sealandattestby Secretary) -7-1? City of SouthMiami, Party oftheFirst Part By: CityManager Contractor Party oftheSecond Part JJjX- Vjy&xAl+jr^ Title APPROyfeDASTOJ^RMAND f *APPROVED AS TO FINANCE: CiWAprnfey v-s 'J ^Director of Fin^rfce Cwy ot South Miami /City,of South mi ami ;\\\\\- (*)In the event that the Contractor is aCorporation,the following certificate of resolution^of the BoardofDoctorsoftheCorporation,authorizing the officer who signs the Contract to do so in its behalf shall becompleted. 00500-4 1 I f-te^f roarA'(jr-\CC>nrciJnrv^a corporation under the laws of the State of Florida .held I on Q">\r.I*3.,20 ft3,the following resolution was duly passed and adopted: |"RESOLVED,that Jo<£=A.2\sir.<v2^as ^?a£&'d6nj-President of the corporation,be and heis hereby authorized to execute the Contract dated ,20 , "between the Citv of South Miami .amunicipal corporation,and-this corporation,and that this I execution thereof,attested by the Secretary of the corporation and with corporate seal affixed,shall betheofficialactanddeed of this corporation." I further certify that said resolution isnowin full force and effect. I inWITNESS WHEREOF,I have hereunto set my hand and affixed the official seal ofthe a corporation this I^day of Llovl.,2005 • 1 I I i i I STATE OF FLORIDA ) )ss COUNTY OF ) CERTIFICATE (Sample) I HEREBY CERTIFY that ameeting ofthe Board ofDirectors of "7*._3. Secretary END OF SECTION 00500-5 SECTION 00510 SUPPLEMENT TO CONTRACT BETWEEN CITY OF SOUTH MIAMI AND FOR 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) This Addendum ismadeand entered intoasoftheday of 2002 between the City of South Miami ("City")and T.5.T*Wgm€nT ("" orContractor),whoagreeasfollows:* WHEREAS,thepartiesagreethatcertainterms of theAgreementbetween the City andfor •needs to beclarifiedduetoafewscrivener's errors,aswellassubstantive clarification; and, WHEREAS,toresolvethescrivener'serrorsandtoprovide clarification, thepartiesagreetoamendthe original Agreement byexecutingthis Addendum. NOW THEREFORE,inconsideration of the sum of $10.00,themutual promisesandcovenantscontainedinthis contract,andforothergoodandvaluable consideration,thereceiptandlegal sufficiency of whichis acknowledged byboth parties,thepartiesagreeasfollows. Section 1.Whereas Clauses. 1.1 Theabove referenced whereasclausesare incorporated intothis Addendum. Section 2.Sovereign Immunity and Attorneys'Fees. 2.1TheCitydoesnotwaivesovereign immunity foranyclaimfor breach of contractexceptforpayment of anyamountowedunderthecontract; provided,however,thatinanyactionarisingout of ortoenforcethis Agreement, theprevailingpartyshallbeentitledtoitsreasonableattorney'sfeesandcosts, including,-butnotlimitedtoparalegalcosts,andcomputerresearchcosts.The partiesshallnotbeliablefortheprejudgmentinterest. 00510-1 Section 3.Mediation. 31 Any claim or dispute arising out of or related to this agreement shall be subject to informal mediation as acondition precedent to the institution of legaloequitableproceedingsbyeitherparty.Both parties waive the right.to arbitration The parties shall share the mediator's fee and any filing feesem_frThe mediation shall be held in Miami-Dade County,Florida,unlesitelocationismutuallyagreedupon.Agreements reached »{_**»*"be enforceable as settlement agreements in the circuit court for the 11 judicial circuit for theState of Florida. Section 4.Signatory Authority. 41 The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into abinding agreement. Section 5.Liens. r ,»is prohibited from placing a lien on the City'sproperty'.This prohibition shall apply to,inter alia,all subconsultants and subcontractors,suppliers and labors. Section 6.Wnrpnrate bv F»f»™„.e 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 and3SSS,in the ManualThall be incorporated by referencem^e c« as exhibits to the contract.The Project Manual shall consist of the items enclosedZmTatochedexhibit1,entitled "Table of Contents."Between the contract andZSSSLtZmanual,the provisions of 4c contract shaU c=l shouM tw be anv inconsistency in the documents.However,the provisions ot thisSLL'LTcon'ol any inconsistent provisions in the contract or attachments j, inthe Manual.I te ! Section7.TransferAnd Assignment a 7.1 None of the work or services under this contract shall be ' subcontracted unless Contractor obtains prior written consent *°*J*^Anoroved subcontractors shall be subject to each provision of this contract andCoEtSeresponsibleandindemnifytheCityforallsubcontractors'acts, errorsor omissions. 00510-2 as *y, fie, Ired ars its, ?" if „TheCuu.r.otursh.it«o,-f.JS^-SB_£T2 _«<withoutSt.^-""S1cityuntothtsoottmutmaybu claimsfurmune,bytheContractor^fern.^^^, .aaigaad,transferredorpedgedtoab«*MJ„sign«M,transfer instMioawithouttheCrty's.pprovdh™J°™Contr,aor„ft.City. u•„Ciny,or»,-»etw«-darnedS_tS£S£3yemafterfinalpaymentunderto'«»*£"„other oirine»?ofthe0"S££^J?S«tforthep«po*of»*». _r__a=^jsi«- _„Co..,-.,_.»—J.^^^1.^^ si_?rjK_ti"--J~--rt $10,000. gectionj.C^nerJiirimBfiClUaents 9,A11documents,^^^l^^s^^^includingelectronicrecords,"^^S^pertyoftheCityandthe theContractorunderthiscontractshall_bdeemPContraotoracknowiedge Cityshallhaveallrightsindentto,ta—^^^^shall Jaildocumentspreparedunder^^TfAby.FloridaStatutes Section10.Se\_3rjaM^U_j_j.;V£i~ mshouid„»r-gs&Z5K-~s ^^.rLTr^S«iuUteeuhieanyotheraudt„» partofanysectionofthiscontract. 00510-3 !_S Ired ars i if Section 11. Contingency Fee And Code Of Ethics Warranty „,Contractor warrants that ^^^^g^Z awarding this contract to Contractor. H,Contractorf warrants that ^^ZrZl^'^^s.agent,representative or family member^J^^JU County or the contract in violation of ^°f ^^3 LVof ettos ordinances.City of South Miami conflict of interest and code 01 euuc.. 113 Aviolation of this paragraph will[result in ^^rmination of thecontractandforfeitureoffundspaid,or to be patd,to the Contractor. Section 12.W"-—«y ftf A"thori1 terms,conditions and warranties contained in this contract. Project Manual.CITY: Maria Davis CityManager City of South Miami,. 6130SunsetDrive South Miami,FL 33143 Date: Approved as to Form Earl G.Gallop,City Attorney 13,The Contractor *«^£Z?ZZ£l£££ President 00510-4 •as *y, ire an i i a