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02-03-09 Item 1004 Sour South i All- AmedcaCily ®� . INCORPORATED • CITY OF SOUTH MIAMI 1927 P OFFICE OF THE CITY MANAGER 4 ° R` Q INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Sanford A. Youkilis, Al P 2 Acting Planning Director �7 Date: February 3, 2009 Agenda Item No /4 Subject: Construction Contract with Urban Stoneworks for construction and installation of Cambridge Lawns Historic Markers 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 URBAN STONEWORKS FOR THE CONSTRUCTION AND INSTALLATION OF CAMBRIGDE LAWNS HISTORIC MARKERS IN THE AMOUNT OF $ 8,768.34 TO BE CHARGED AS FOLLOWS: $ 8,000 TO THE CITY'S PLANNING DEPARTMENT CONTRACTUAL SERVICES ACCOUNT NUMBER 001 - 1620 -524 -3450 AND $ 768.34 TO THE CITY'S PLANNING DEPARTMENT PROFESSIONAL SERVICES ACCOUNT NUMBER 001 - 1620 -524 -3100; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute a construction agreement with Urban Stoneworks. for construction and installation of three Cambridge Lawns Historic Markers to be placed the SW corner of Miller Drive and SW 60t" Avenue; at SW corner of Miller Drive and SW 63 Avenue; SW corner of SW 62 "d Avenue and SW 57`" Street. Reason/Need: The intent of this project is to provide location identification for City's first historic district designation (October, 2004). Cost: $ 8,768.34 Project Background: In November, 2006 The Historic Preservation Board and the Planning Department obtained an $8000 grant from the Villagers, Inc. for construction and installation of three concrete markers to be placed at entrance /boundary points to the Cambridge Lawns Historic District. The grant is a reimbursement type grant requiring the City to expend (in advance) the $8000, construct the project, and then request reimbursement. A two year completion deadline was set by the Villagers. The City Commission at its January 9, 2007 meeting adopted Resolution No. 05 -07 -12390 which formally accepted the grant and directed the City Manager to advance funding for the project. During the next budget cycle (2007 -2008) the set aside of the advance funds was not placed in the budget. The Planning Department during FY 2007 -2008 was able to save $8000 in its budget. During the FY 2008 -2009 budget preparation cycle the current City Manager agreed to carry over this amount for the project. The Planning Director at the time did not consider this project as a priority and assigned staff to other work. 2 Following the resignation of the Planning Director in November of 2008, the Acting Planning Director obtained an extension of time from the Villagers (until 3 -1 -09) and obtained free architectural working drawings (needed for a bid process). Bid Summary Due to the specialty work involved (landmark stone work) the bids were sent out to the three companies listed below and known to do this type of work. One company was recommended by members of the Historic Preservation Board. The bid documents were sent out by U.S. Postal Overnight Express mail and the bid was posted on January 23, 2009. The City received one responsive bid as follows: Artistic Stone - No bid Rockers Stone No bid Urban Stoneworks - Responsive bid Funding Funding will be from the following accounts: Account No. Amount 001 - 1620 -524 -3100 $ 768.34 001 - 1620 -524 -3450 $ 8,000.00 Backup Documentation: ❑ Proposed Resolution ❑ Bid Opening Report ❑ Tabulated Bids ❑ Notice of Bid Invitation (Contract) (Plans) ❑ Resolution No. 05- 07- 1.2390 XAComm Items\2009\2 -3 -09 \Cambridge Lawns Markers Bid CM Reort.doc Account Balance $ 6,000 $ 10,960 1 RESOLUTION NO.: 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN 5 AGREEMENT WITH URBAN WSTOEWORKS FOR THE CONSTRUCTION AND 6 INSTALLATION OF CAMBRIGDE LAWNS HISTORIC MARKERS IN THE AMOUNT 7 OF $ $8768.34 TO BE CHARGED AS FOLLOWS: $8,000 TO THE CITY'S PLANNING 8 DEPARTMENT CONTRACTUAL SERVICES ACCOUNT NUMBER 001- 1620 -524 -3450 9 AND $ 768.34 TO THE CITY'S PLANNING DEPARTMENT PROFESSIONAL 10 SERVICES ACCOUNT NUMBER 001 - 1620 -524 -3100; PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the Mayor and City Commission wishes to implement the Cambridge 15 Lawns Historic Markers program which calls for the construction and installation of three 16 concrete markers to be placed at entrance /boundary points to the Cambridge Lawns Historic 17 District., and 18 19 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a 20 construction contract with Urban Stoneworks for the Cambridge Lawns Historic Markers 21 program in the an amount of $ 8,768.34. 22 23 WHEREAS, the total construction cost of $ 8,768.34 is to be charged as follows: 24 $ 8,000 to the City's Planning department Contractual Services account number 001- 1620 -524- 25 3450 and $ 768.34 to the City's Planning Department Professional Services account number 001- 26 1620 -524 -3100 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 30 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 31 32 33 Section 1: That the Mayor and City Commission authorize the City Manager to 34 execute construction contract with Urban Stoneworks for the for the Cambridge Lawns Historic 35 Markers program in the amount of $ 8,768.34. 36 37 Section 2: That the project's construction cost shall be charged as follows: 38 39 Account No. Amount Account Balance 40 001 - 1620- 524 -3100 $ 768.34 $ 6,000 41 001 - 1620 - 524 -3450 $ 8,000.00 $ 10,960 42 43 Section 3. The attached Contract agreement is made a part of this resolution. 44 45 1 2 2 3 4 PASSED AND ADOPTED this day of 5 6 ATTEST: 7 8 9 10 CITY CLERK 11 12 READ AND APPROVED AS TO FORM: 13 14 15 16 CITY ATTORNEY 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 XAComm Items \2009\2 -3 -09 \Cambridge Lawns Bid Resolution.doc N APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: 2 South Miami bw All- America City 1 2001 BID OPENING REPORT Bids were opened on: January 29, 2009 at 12.05 p.m. For: CAMBRIDGE LAWNS MARKER CONSTRUCTION & INSTALLATION Pre Bid Estimate: .CONTRACTORS: BID AMOUNTS: 3 2. 3. THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED City Clerk's Si n: Witness Witness 1 *5 JkFl "l Bid Form Project Name; Cambridge Lawns Marker Construction and Installation Project. CITY OF SOUTH MIAMI BID FORM Bid prices stated in the proposal include all costs -and expenses for taxes, labor, equipment, materials, contractor's 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. Payment for any item not listed n the Bid Form but shown in the plans shall be included in the proposal. ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE AMOUNT 1.01 Cambridge Lawns Marker Construction 3 ea S J v ) V S & Installation (As indicated in Scope of Work and on Plans) Grand Total (In Figures): $76S.3 y Grand Total (Written): Le947- TP5L8RVD SWEiV �40f1: D ZED S/ VT(/ Dollars. BID FORM DUE ON THURSDAY, JANUARY 29, 2009 NO LATER THAN 12:00 NOON. RESPONSES SUBMITTED AFTER THIS TIME AND DATE WILL NOT BE ACCEPTED. BID FORM IS TO BE DELIVERED IN A CLOSED ENVELOPE WITH PROJECT NAME LABELED OUTSIDE ENVELOPE TO: CITY OF SOUTH MIAMI CITY CLERK OFFICE 6130 SUNSET DRIVE SOUTH MIAMI, FL. 33143 The City shall not be, held liable for any expenses incurred by the respondent in preparing and submitting materials and /or attendance at any interviews, final contract negotiations or applicable site visits. The City reserves the right to enter into negotiations and award this work to the respondent which best meets the goals and objectives of the city or to reject any and all responses; whichever is in the best interest of the City. * 1 NSTM u_AT 01U k ,�)F_uv �S ��, v£� L� 4 RILE �l, A 1 "-:9 XAHPB Historic MCambrige Lawrf HP District\Bid Forrn.doc URBAN STONEWORKS ITEM# GRAPHICS f DESCRIPTION 6' -0" HT ENTRANCE OBELISK PLAN PLAQUE 2' -1 7.. 7-1 7025 NE. 2ND AVE. MIAMI, FL 33138 (305) 754 -7171 (305) 754 -0450 FAX 1-800- 761 -7774 TOLL FREE WWW.URBANSTONEWORKS.COM QTY. FA Y A S) IN YT OTHERS) UWTS UNIT MCE : AMOUNT UNIT PRICE i /MOUNT 3 P C S 29 0 a 2„ 2 r0 1co GRADE =� \ I I F00 IN(; \� 2 "0 GALV. PIPE L- - - - - -J ELEVATION REF. SHEET A SCOPE OF WORK: CAMBRIDGE LAWNS HISTOR IC DISTR ICT NOTES: ENTRANCE MARKERS If You have any - 800-761- please contact us at 1- 800 - 761.7714. SOUTH MIAMI, FLORIDA .1.1143 CLIENT: CITY OF SOUTH MIAMI CONTACT: KATHY VAZQUEZ DATE: 01 -27-09 MIAMI, FLORIDA. 33143 PH: (305) 663 -6339 ay-. JC FAX: (305) 667 -7806 SHEET No. 1 CITY OF SOUTH MIAMI, FLORIDA Cambridge Lawns Historic District Entrance Markers (Small construction and installation) The scope of work includes: (a) Construction of the three concrete entrance markers; (b) Installation of markers and base at sites designated on plans; (c) Installation of bronze plaques on each marker (bronze plaques will be provided by City) A BID PACKAGE, (PLANS, CONTRACT AND BID FORM) IS AVAILABLE AT THE CITY CLERKS OFFICE, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143, TELEPHONE 305 - 663 -6340 OR E -MAIL AT MMENENDEZa- CITYOFSOUTH MIAMI. NET RESPONSE BID FORM DUE ON THURSDAY, JANUARY 29, 2009 NO LATER THAN 12:00 NOON XAHPB Historic Bd \Cambrige Lawn HP District \Cambridge Lawns Bid Ad.doc Bid Form Project Name; Cambridge Lawns Marker Construction and Installation Project ou 1927 Note: For additional information, please contact the City Clerk's office in written form via e-mail at mmenendez (ii),cityofso>uthmiami.net or fax at 305- 663 -6348. 2 Bid Form Project Name; Cambridge Lawns Marker Construction and Installation Project CITY OF SOUTH MIAMI BID FORM Bid prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, contractor's 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. Payment for any item not listed n the Bid Form but shown in the plans shall be included in the proposal. ITEM DESCRIPTION QUANTITY UNIT 1.01 Cambridge Lawns Marker Construction 3 ea & Installation (As indicated in Scope of Work and on Plans) Grand Total (In Figures): Grand Total (Written): Dollars. UNIT TOTAL PRICE AMOUNT BID FORM DUE ON THURSDAY, JANUARY 29, 2009 NO LATER THAN 12:00 NOON. RESPONSES SUBMITTED AFTER THIS TIME AND DATE WILL NOT BE ACCEPTED. BID FORM IS TO BE DELIVERED IN A CLOSED ENVELOPE WITH PROJECT NAME LABELED OUTSIDE ENVELOPE TO: CITY OF SOUTH MIAMI CITY CLERK OFFICE 6130 SUNSET DRIVE SOUTH MIAMI, FL. 33143 The City shall not be held liable for any expenses incurred by the respondent in preparing and submitting materials and /or attendance at any interviews, final contract negotiations or applicable site visits. The City reserves the right to enter into negotiations and award this work to the respondent which best meets the goals and objectives of the city or to reject any and all responses; whichever is in the best interest of the City. X:\HPB Historic B&Cambrige Lawn HP District\Bid Form.doc k§ � �$f \ 9 9 \\ ) / ail ; |! k§ � mEvcimos'uwm Hin3 / S 'dlx2Yw HDNVdiN3 � � IDI3ISIO DIa O ISI2 SN M VI 30 ol2e wY D . -� -- )! r! 3nN3AV !, m£ --- - - - - -- --- -� - - -- � 099 ~ - _� � ! � � � | Ln \ � 2 i ( i§ ; •� ; ) . i |� ` i § . i ' I. . � . � } � §�[ �� -� - - -- }�\ , { ;[] )] an ;m&¥ o, Ms § - -- �- �-- -� - - -- $ _ \ /)k7 \ ( |7))| EM I-S )) �— !# /a2zal� 2E2lezElf §,� ; ®E2EM 7 ) 8!)] o6 { \ / \ � � .--- - -� -- r! [ $ _ \ /)k7 \ ( |7))| EM I-S )) �— !# /a2zal� 2E2lezElf §,� ; ®E2EM 7 ) 8!)] o6 { \ SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this day of , 20 , A' D., by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and _ party of the second part (hereinafter sometimes called the "Contractor "). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown and described in the attached plans entitled: Cambridge Lawns Historic District Entrance Markers (construction and installation) CITY OF SOUTH MIAMI, FLORIDA as prepared by Marice Chael, AIA, CNU, sealed and dated 1 -13 -09 (with corrections and updates marked) and shall do everything required by this Contract and the other Contract Documents. The scope of work includes: (a) All work set forth in Plans prepared by Marice Chael, AIA, CNU, sealed and dated 1 -13 -09 (with corrections and updates marked) (b) Construction of the entrance markers and base as shown on plans; (c) Installation of markers and base at sites designated on plans (A) 1of 1; (d) Installation of bronze plaques on each marker (plaques will be provided by City) 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the,faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the lump sum of Dollars (.$ ). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall be substantially complete with the work not later than February 20, 2009. The work shall be completed and ready for final payment within ten (10) calendar days from the date certified by City's Project Engineer as the date of substantial completion. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Specifications and Contract items contained in the Plans 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 plans shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and /or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the terms of this Contract covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, 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 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 Plans. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and /or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit,- to replace or repair the same and recover the reasonable cost of such replacement and /or repair from the Contractor and /or his insurer, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and /or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed- that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Seven Hundred Fifty Dollars ($750.00) 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: 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 1 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such.bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. 1.09 MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to arbitration. The parties shall 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 th Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 1.11 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, . interaiia, all subconsultants and subcontractors, suppliers and labors. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract includes the plans for "Cambridge Lawns Historic District Entrance Markers" which shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments i 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 without City approval. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 1.14.A. above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. C. The right to access and examination of records in subparagraph 1.14.A. shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.16 SEVERABILITY Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any-other section or part of any section of this contract. 1.17 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and Contractor has not, and will not, pay a fee the amount of which is contingent upon the City awarding this contract to Contractor. B., Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami conflict of interest and code of ethics ordinances. C. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Contractor. 1.18 WARRANTY OF AUTHORITY The signatories to this contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. 1.19 INDEPENDENT CONTRACTOR The Contractor is furnishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer - employee relationships. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. (Seal) Attest: City Clerk City's Resolution No. WITNESS: (If corporation, attach Seal and attest by Secretary) APPROVED AS TO FORM AND LEGALITY: City Attorney City of South Miami, Florida Party of the First Part By: City Manager Contractor Party of the Second Part By: Title APPROVED AS TO FINANCE: By: Director of Finance City of South Miami ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. CERTIFICATE (Sample) STATE OF FLORIDA) ss COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 120 , the following resolution was duly passed and adopted: "RESOLVED, that , as President of the corporation, be and he is hereby authorized to execute the Contract dated , 20 , between the CITY OF SOUTH MIAMI, a municipal corporation, and this corporation, and that this execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 120 Secretary END OF SECTION XAHPB Historic MCambrige Lawn HP District100500- Construction Contract.doc TO: ROCKERS STONE INC 3615 PLAZA STREET MIAMI, FLORIDA 33133 TO: URBAN STONE WORKS 7025 N.E. 2 AVENUE MIAMI, FLORIDA 33138 TO: ARTISTIC STONES INC. 6990 NW 35 AVENUE MIAMI, FLORIDA 33147 A 2 U cc LL O J O Z cc U O CL U cc O A 1 N N O O co r J U c7 Ll w 0 a; R (') N O C7 ea` O N r ) T N L CL U r N aa���Fl r a . br ��1;� �ti• j; .ij J, Y., 1-' 1 1 1 'I 1 1 1 A N L N � d cm a =� a .5� L w O N a° _1 N V W fy W 0 W 5 4 GG W N W F- s 0 cr No. N ru tm ME —� m co a- ru 0 Ln -r W mo � m a z D a �� z z � F O m O j% Z Z W Z T ` w ' Fn-1 2 O U e% VV -" s o U ¢ 6 W u O W a U C U 0 9 N m Z W mN 3 a LL >o vo N Fnl aw LL V r? � w o a a O V V LL S31d0�.� JND1vW g&v noel ,,OUVH SS3ad v UJ °' °' c -m m 005 pca EZO� O 3mmn O pj mmmE 7 Em�2�Z` � L V � a w •� } O m u• 01 � m W tl _ Hl iz � ,yy✓m,✓,✓,✓���� m " O H W OiL O' A Ot m ' \ �• O LL O. 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