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07-26-05 Item 4CITY OF SOUTH MIAMI Inter - office Memorandum TO: Honorable Mayor, Vice Mayor & City Commission FROM: Maria V. Davis 1 City Manager RESOLUTION: DATE: July 26, 2005 South Miami AN- AmericaCKY 2001 AGENDA ITEM No. RE: Authorizing the City anager to execute agreement with the lowest responsible bidder for the Proposed Church Street Improvements Phase II A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CHURCH STREET IMPROVE- MENTS — PHASE II CONSTRUCTION IN AN AMOUNT OF $215,114.40 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT NUMBERS 001 - 0000 - 131 -1456 AND 001 - 0000 - 131 -1416 AND U.S. EPA STAG GRANT WITH ACCOUNT NUMBER 106 - 1721 -536 -6550; PROVIDING FOR AN EF- FECTIVE DATE BACKGROUND & ANALYSIS: The proposed Church Street Improvements= Phase II is the second phase of the Church Street Infrastruc- ture Improvement Master Plan. The construction project will consist of drainage improvements, roadway resurfacing, wider sidewalk, landscaping, streetlights and pavement marking. The improvements will be performed from SW 68t" Street to SW 69t" Street. After the Public Works Department secured funding for the project, it was immediately advertised in the Miami Daily Business Review on Wednesday, May 18, 2005. Four contractors submitted sealed bids for the project. The bids were publicly opened on Fri- day, June 17, 2005 at 3:05pm. Since the bid opening, the Pubic Works staff has tabulated the bids, re- viewed and evaluated all bids, verified bid bonds and discussed the project with the lowest responsible bidder (Homestead Concrete & Drainage, Inc.) to make sure the scope of work is clearly understood as designed and specified. Also, a reference check performed by the Public Works Department yielded very good to excellent scores. Copies of the reference check forms are attached. This project will be funded through grants from Miami -Dade Office of Community & Economic Devel- opment (FY 2004 & 2005 CDBG grant) and US Environmental Protection Agency grant. Please note that there are two separate CDBG grants for fiscal years 2004 and 2005 with individual balances for each. The grant accounts' balances before this request, and the amount allocations are: Agency Current Balance Requesting Amount • FY2004 CDBG $91,000.00 $91,000.00 • FY2005 CDBG $96,000.00 $77,452.00 • STAG $32,025.60 $28,000.00 The balance of $18,662.40 will be funded by the South Miami Community Redevelopment Agency. RECOMMENDATION: It is recommended that the City Commission approve the resolution. ATTACHMENTS: Proposed Resolution, Bid Opening Report, Tabulated Bids, Certified Advertised Notice of Bid Invitation, Copies of Contractor's Reference Check, Copy of Contract I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD 6 CONCRETE & DRAINAGE, INC. FOR CHURCH STREET 7 IMPROVEMENTS — PHASE Il CONSTRUCTION IN AN AMOUNT OF 8 $215,114.40 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF 9 COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT 10 NUMBERS 001- 0000 - 131 -1456 AND 001 - 0000 -131 -1416 AND U.S. EPA STAG 11 GRANT WITH ACCOUNT NUMBER 106- 1721 -536 -6550; PROVIDING FOR 12 AN EFFECTIVE DATE 13 14 WHEREAS, the Mayor and City commission wish to provide infrastructure improvements 15 along Church Street from SW 68th Street to SW 69th Street, and; 16 17 WHEREAS, these improvements are part of the Church Street Infrastructure Improvement 18 Master Plan funded from Miami -Dade County OCED fiscal year 2004 & 2005 grants and EPA 19 grants with account balances of $91,000, $96,000 and $32,025 respectively and; 20 21 WHEREAS, the balance of $18,662.40 will be funded by City's Community 22 Redevelopment Agency, and 23 24 WHEREAS, the city received four bids in response to the Notice of Bid Invitation 25 advertised in the Miami Daily Business Review on May 18, 2005, which were reviewed by the 26 Public Works Department who recommended that the contract be awarded to the lowest 27 responsible bidder: Homestead Concrete & Drainage, Inc. 28 29 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 31 32 Section 1: the Mayor and City Commission authorize the City Manager to execute an 33 agreement with Homestead Concrete & Drainage, Inc. for the construction of Church Street 34 Improvements Phase II for an amount of $215,114.40. 35 36 Section 2: the project will be funded through grants from Miami -Dade County OCED 37 FY 2004 & 2005 grants and US Environmental Protection Agency's STAG, with $91,000, 38 $77,452 and $28,000 to be charged to account numbers 001- 0000 - 131 -1456, 001 - 0000 - 131 -1416 39 and 106 - 1721 -536 -6550, respectively; with the balance of $18,662.40 to come from the South 40 Miami Community Redevelopment Agency 41 42 Section 4: this resolution shall take effect immediately upon its adoption. 43 44 PASSED AND ADOPTED this day of , 2005. 45 Resolutions /Church Street Phase II, Homestead Concrete 1 ATTEST: 2 3 4 5 Maria Menendez, City Clerk 6 7 READ AND APPROVED AS TO FORM: 8 9 10 11 CITY ATTORNEY 12 APPROVED: Mary Scott Russell, Mayor Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: __k_ 11 - L ,.� BID OPENING REPORT Bids were opened on: Tuesday, June 17 2005 at: 3:051D For: Church Street Improvements — Phase 2 Pre -Bid Estimate: $190,000.00 CONTRACTORS: BID AMOUNTS: 1. Stone Paving Company 2. T. J. Pavement Corp. 01 1 3. Budget Construction 4. Development & Comm. Group of Florida 5. The Redland Company, Inc. 6. ABC East Coast 7. South Florida Maintenance Services, Inc. 8. Williams Paving Co. a� L og 9. M. Vila & Associates 10. Solution Construction, Inc. oD �_ c- 1 b 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 Sign; I Witness: Witness: m m ma m 6�' 0. 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"W �O1 O V IJ O C p`I tfim �dii '�' Ii OBI (S1_ °. ii O n�i O O,-�•O n O fT 0 O O i O Q+ J o o Q -i -ar 0 O'�}II wl m w 0 m' a7 m 'O M In N 7 O 7 w C m S 3 m °3 IF m •°• 3 OS C S ry C ao i=r O y A 3 m a O CL 3 m 7 m v S a N T e TQ a , , \ 3 | 0 �E $ 0 S 0. f % k I C § nto { | % � T RY: CITY OF SOUTH MIAMI; �. 3056636348; MIAMI DAILY BUSINESS REVIEW Published Daily BXCepi Saturday, Sunday and Legal Holidays Miami. Miami -Dade County; Florida STATE OF FLORIDA COUNTY OF MIAMI. -DARE: Before the undersigned authority porsonatly appeared O.V. FERSEYRE, who on oath says that he or she is the SUPERVISOR, Lagai Notices of the Miami Daily Business Review f/Wa Miami Review, a daily (except Saturday, Sunday end 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 BID NO.: Cl 05.0617 in the XXXX Court, w4 published In said newspaper In the Issuer, of ,05!18/2045 Afflant further says that the said Mlami!Daily Business Review Is a newspaper published at Miami In said Miarni -Dade County, Florida- andthat- the.said newspaper has heretofore been continuously published In said Mlamf -Dada 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 aftiant further says that he or she has neither paid nor promised any person; firm or corporation any dlscount, r bate, commission or refund for the purpose of securing tt1 adv en for pubilCatlon in the sold newspap A Sworn to and subscribed before me thie 18 dot Y 05 (SEAL)' Msda 1. Mesa My Cammraaion D02M$6 O.V. FERBEYRE porsonally kno e1BOpa Mah* eqj 2ppg MAY- 19 -0�5.- 4:58PM; PAGE 111 FROM :FINANCE FAX NO. :3058912617 Jun. 28 2005 10:10AN P2 "06/' 2812005 09:42 93056687208 CITY OF SOUTH MIAMI PAGE 02/02 Engineerleg & Constmetion.Department Contractor References Based on Rxperience,, Ability- and Financial Standing nurziuSt—ene 4oncrew is a potential contxaCtor for the Church smat (SW 59p Pla I jmwim= — Phase 2. It is our practice to obtain references from individuals and cOmPanfft who have worked with a potOntiftl c0ntract0r. The above company has included you and/or Your company as a reference. We would greatly appreciate your prompt response to the &►ll`Owing inquiry as it applies to the nature or your relationship with the company, Those that do not apply. Should be left blank. Please rate thr, consultant as follows, poor 2 — average ► — above avers Age 4• very pod 5- excellent Merence given by-, Refetence check conducted by: Natne & Title -city of 'Name:— Debbie Address: ri"Y/StMp Telephone Date .271 ffyou We any question about thk forM, p1gMS6 cell (305)663.6350. P/A Jun 23 05 02:55p SOLAR BODY AND PRINT 9549684158 p.2 06/23/2005 12:53 93055687206 CITY OF SOUTH MIAMI PAGE 02/02 c vrJV � ►Oa+tlb ' .1f R1�h Engineering & Construction Department Contractor Referenees Based on xperience, iility and Financial Standing _ is a potential contractor for the Church Street W 59`" Place m r vements -- Phase 2. It is our practice to obtain references 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 Reference given by: Zl�l� Vj w, Fo4r hA- Reference check condu d by: 7 Name &Title rName: f Address: 01-4.2 AIL✓ 8l S7%� ���• city/svzip �' • .�;�'QE� ���.f���� � �3/�"" Telephone 2 L� 1 Date If you have sny question about this €orm, please c:11,�0�,�tt 3.63 1 7i—T-3 4 5 Criteria A. Abiliq to complete project on time B. Abilit to ft within the budget C. ualit of work D. Financial standin (f applicable) E. Ex erienee in their lint of work Additional Comments (May indicate last pirojecit /transaction with contractor): r Reference given by: Zl�l� Vj w, Fo4r hA- Reference check condu d by: 7 Name &Title rName: f Address: 01-4.2 AIL✓ 8l S7%� ���• city/svzip �' • .�;�'QE� ���.f���� � �3/�"" Telephone 2 L� 1 Date If you have sny question about this €orm, please c:11,�0�,�tt 3.63 Jun 28 2005 8:55nm HP LRSERJET FAX 305 592 -GO79 P.1 86/23/2905 12:54 930566B720B CITY OF SOUTH MIAMI PAGE 02/02 0 our �. , • iNQOgPY•/4tq vqt7 Engineering & ConstntcGoa DepartMent Contractor References Based on Experience, Ability and Financial Standing Is a potential contractor for the Church Street (SW 59 Place ) mvetnents -Phase 2. It is our practice to obtain references 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 gtesdy appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. should be left blank. Those that do not apply Please rate the consultant as follows. 1- poor 2 - average to stay within the C. Quality of ce in their lime of 3 - above average time 4- very good 5- excellent 1 Additional Comments (May indicate last project /trMaction with contractor): Reference given by: Name & Title � Address; City /Stop Telephone j- Date If you have am ques . — shout This t6rM plcRse calf (305)663.6350. Reference ch k conducte by: Name: k Jun 27 05 09:01a p.2 �16123i2H�05 12:55 9"P0566 7 0I CITY OF SOUTH NUAI1I PAGE 02102 s�l'ry r T • Iti LOAPOrtATED � Engineering & Construction Department Contractor References Based on Experience, Ability and Financial 'Standing is a potential contractor for the Church Street (SW 59'h Plwce) Improvements — Phase 2. It is our practice to obtain references 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 S- excellent Criteria 2 3 4 S A. Ability to complete project on time B. Ability to sta y within the budget C �talitY of work, E A Financial standing (if applicable) Experience in their tine of work, I Additional Comments (May indicate last project /transaction with contractor): Reference given by: Name & TiTitle i1 l reference eck condue d by: Address; city /st/zip Telephone;34s"" Date�� If you have any question about this form. please call (305)663.6350. 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 on the Drawings and described in the Project Manual entitled: DOWNTOWN IMPROVEMENTS - PHASE IV SW 58th Avenue from Sunset Drive to US1, and SW 71" Street from US1 to SW 58th Avenue CITY OF SOUTH MIAMI, FLORIDA as prepared by Corzo Castella Carballo Thompson Salman, P.A. 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. 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 apart 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 complete the work not later than seventy five (75) calendar days after the commencement date established in the Notice to Proceed. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS 00500 -1 1929 -23.01 A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and /or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the 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 year from and after the date of the passing, approval, and /or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and /or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and /or repair from the Contractor and /or his insurer, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and /or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Thousand Five Hundred Dollars ($1,500.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of 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 00500 -2 1929 -23.01 1.06 1.07 1.08 1.09 considered a day scheduled for production. 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. 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. 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. 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 00500 -3 1929 -23.01 1.10 1.11 1.12 1.13 1.14 upon. Agreements reached in mediation shall be enforceable as settlement agreements in the circuit court for the 11th Judicial Circuit for the State of Florida. SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, interalia, all subconsultants and subcontractors, suppliers and labors. INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Downtown Drainage Improvements — Phase III, SW 73rd Street, SW 74th Street, SW 58th Avenue, SW 581h Court, SW 59th Avenue and SW 59th Court, City of South Miami, City's BID No.: Cl 04- 0820" 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. Contractor is reminded that all work under this contract must comply with Federal Regulations as listed in Section 00750 and 00770, as well as EDA Standard Terms and Conditions to the City's grant award and the Special Conditions to the grant award (Appendix B). 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 for all subcontractors' acts, errors or omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 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 8.1 above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. 00500 -4 1929 -23.01 C. The right to access and examination of records in subparagraph 8.1 shall continue until disposition of any mediation, claims, litigation orappeals. 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, onto 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 00500 -5 1929 -23.01 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. (Seal) Attest: City Clerk WITNESS: (If corporation, attach Seal_and attest by Secretary) City's Resolution No. APPROVED AS TO FORM AND LEGALITY: City of South Miami, Florida Party of the First Part Bv: City Manager Contractor Party of the Second Part By:_ Title, APPROVED AS TO FINANCE: By: City Attorney 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. 00500 -6 1929 -23.01