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HomeMy WebLinkAboutR-03-0860J-03-698 07/23/03 RESOLUTION NO. 03— 860 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF MORLIC ENGINEERING CORP., FOR THE PROJECT ENTITLED "ROAD REHABILITATION PROJECT, B-4652," IN AN AMOUNT NOT TO EXCEED $993,699 FOR CONTRACT COSTS PLUS $149,055 TO COVER EXPENSES AND OTHER COSTS TO BE INCURRED BY THE CITY FOR A TOTAL PROJECT COST OF $1,142,754, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313855; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The bid of Morlic Engineering Corp. for the project entitled "ROAD REHABILITATION PROJECT, B-4652," in an amount not to exceed $993,699 for contract costs plus $149,055 to cover expenses and other costs incurred by the City for a total project cost of $1,142,754, as set forth on the Formal Bid document and the Department of Capital Improvements Project Fact Sheet, attached and incorporated is accepted, with funds allocated from Capital Improvements Project No. 313855. '�'� �" "� � "� fig} S T T C di .i 'u v�! ■ CITY COMUSSION VIEETMIG OF X 1 1 4 2 4 2003 I Aeso1utWn No. 03- 860 Section 2. The City Manager is authorizedll to execute an Agreement, in substantially the attached form, for said purpose. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 24th day of July 2003. ItU�9 EL A. DIAZ, MAYOR ATTES PRISCILLA A. THOMPS N CITY CLERK APPROVED..146 FORM AW' CORRECTNESS :/ DR ILARELLO C Y ATTORNEY W7435:tr:AS:BSS if The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of the City Charter and Code. ai If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 iJ 3_ 860 4 FORMAL BID "ROAD REHABILITATION PROJECT" Project Number: 84652 CIP Number:_ 313855 Project Manager: Tatiana Acosta _ Date: 7 1 2003 Person who received the bids: Tatiana Acosta Received at: City Clerk's Office, Miami ' ity Hall Construction Estimate = S 1,270,310.00 Time: 10:00 a.m. � BIDDER MORLIC ENGINEERING CORP WILLIAMS PAVING COMPANY, INC. PETRO IIYDRO, INC. REGOSA ENGINEERING, INC. ADDRESS 7571 NW 7 STREET MIAMI, FLORIDA 33126 11300 NW SOUTH RIVER DRIVE MEDLEY, FLORIDA 33178 10450 NW 31 TERRACE MIAMI, FLORIDA 33172 46 NW 36 STREET MIAMI, FLORIDA 33127 BID BOND AMOUNT 5% BID BOND 3% BID BOND 5% BID BOND 5% BID BOND IRREGULARITIES D. MINORITY OWNED E"IGOE ASAUT ocsj YES NO YES YES ITEM No. DESCRIPTION UNIT PRICE TOTAL UNIT UNIT PRICE TOTAL PRICE TOTAL UNIT PRICE TOTAL TOTAL: BID ITEMS i THROUGH 21 $993,699.00 $1,002,175.70 S1,519,711.40 $2,027,402.62 1-20 BID ITEMS 1 THROUGH 20 $893,699.00 $902,175.70 $1,419,711.40 $1,927,402.62 ROAD RESURFACING AND ROAD RECONSTRUCTION, SWALES. DRIVEWAYS AND DRAINAGE IMPROVEMENT' 21 BID ITEM 21 i PROVISION FOR SPECIAL ITEMS $100,000.00 S 100,000.00 S 100,000(10 $100,000.00 • IRREGULARITIES LEGEND IT HAS BEEN DETERMINED BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS THAT THE A — No Power -of -Attorney LOWEST RESPONSIBLE AND RESPONSIVE BID IS FROM MORUC ENGINEERING CORP. B — No Atlidavit as to Capital do Surplus of Bonding Company FOR THE TOTAL AMOUNT OF :993,699.00 C — Corrected Extensions - D — Proposal Unsigned or Improperly Signed or no Corporate Seal %� E — Sub-cantraaor(s) lux Identified It `I tMC above contractor is not the lowest bidder explain: N/A F — Non - responsive bid G — Improper Bid Bond b V.,-9�1. 1� H — No CertitleatE of Competency Number rT 1 �0! PREPARED B' ": TATIANA ACOSTA 110` I — No fust Souwe Hiring l omplwice Statement a ' REVISED BY, JUAN B. ORDONEZ. P.E. J — No Mum"ty Compliance Statement 1 DATE: JULY 7 2003 K — No Uupincate did Prnposid L — No City of Miami or Courcy Umupattonal License r 1 Ur I The proposed areas are bounded by No. 1: NW 7th Street, NW 17th Street, NW 28th Avenue and NW 37th LU Avenue; and No.2: NW 18th Street between NW 37th Avenue and NW 36th Avenue. O co The Proje 3 consists of the re -construction and/or re -sou fnff ng inrJuding limited drainage improvements in n- various roads. The drainage includes new systems with exfiltration drain and structures, as indicated in Specifications and Contract Documents. O ! CL A/E Firm: Milian Swain & Associates, Inc. Address: 2025 SW 32nd Avenue W City, State, Zip: Miami, Florida 33145 = Contact Person: Arsenio Milian, P.E. M Telephone/E-Mail: (305)-441-0123 z Type of Work: Highway Improvements C7 - — W Comments: W rn d z O v r - U) z O V Contractor. Morlic Engineering Corp. Add�os' 7571 NW 7th Street City, State, Zip: Miami, FI 33126 Contact Person: J. Orlando Mora Telephone/E-mail: 305-267-1907 _ Class: P (J = Joint P = Prime S = Sub) Minority Status: 2 (B = Black F = Female H ■ Hlapanic N = None) Established: 15 year* License Number. 30-1490580 Sub -Contractors: H & J Asphalt 4- 4 - PROJECT COSTS (A) - Actual (E) - Estimate A/E Finn Fees: Date: July 2, 200.3 M. Department of Capital Improvements N/A PROJECT FACT SHEET Emergency: Project Name: _ ROAD REHABILITATION PROJECT Project Location: Citywide Commissioner District: 1 Project Number: 8-4652 Initiating Dept.: Public Works —_ F rtyjcct Manager/Ext. No.: Tatiana Acosta, #1263 _ Project Budget: Homeland Defense Account Number: 3138555 Amount: _ Federal (C.D.B.G.) Account Number. Amount: S.N.P.B. Account Number: Amount: � J ------ . Other. _ _ Account Number. _ Amount: _ The proposed areas are bounded by No. 1: NW 7th Street, NW 17th Street, NW 28th Avenue and NW 37th LU Avenue; and No.2: NW 18th Street between NW 37th Avenue and NW 36th Avenue. O co The Proje 3 consists of the re -construction and/or re -sou fnff ng inrJuding limited drainage improvements in n- various roads. The drainage includes new systems with exfiltration drain and structures, as indicated in Specifications and Contract Documents. O ! CL A/E Firm: Milian Swain & Associates, Inc. Address: 2025 SW 32nd Avenue W City, State, Zip: Miami, Florida 33145 = Contact Person: Arsenio Milian, P.E. M Telephone/E-Mail: (305)-441-0123 z Type of Work: Highway Improvements C7 - — W Comments: W rn d z O v r - U) z O V Contractor. Morlic Engineering Corp. Add�os' 7571 NW 7th Street City, State, Zip: Miami, FI 33126 Contact Person: J. Orlando Mora Telephone/E-mail: 305-267-1907 _ Class: P (J = Joint P = Prime S = Sub) Minority Status: 2 (B = Black F = Female H ■ Hlapanic N = None) Established: 15 year* License Number. 30-1490580 Sub -Contractors: H & J Asphalt 4- 4 - PROJECT COSTS (A) - Actual (E) - Estimate A/E Finn Fees: $234,860.00 (A) Additional Design Services: N/A (A) In -House Design Cost: _ N/A (A) Miscellaneous Services: N/A (A) CIP Design Administration: $49,685.00 (A) Design Phase Total: $284,545.00 ' x MKWiuneous Constr. Cost includes an amount of $49,686 Ifor concept of Estimate Construction Administration Services to be performed by Consultant. This fee was not considered in the original Design Proposal. Copies to: CIP Senior Accountant, CIP Administrator, File, Initiating Department Construction Contract Amount $883,698.00 (BID) CIP Construction Administration: $49,685.00 (E) * Misc. Construction Costs: $99,370.00 (E) Construction Phase Total $1,142,754.00 Total Project Cost: $1,427,288.00 - 03- 860 CONTRACT This AGREEMENT, made and entered into this_ day of . A.D., 2003, by and between the City of Miami, Florida, a municipal corporation of the State of Florida, party of the first part, (hereinafter sometimes called the "City"), and MORLIC ENGINEERING CORP. Party of the secon-1 --V (hereinsofrer som. a tunes called the "Contractor") WITNESSETH: That the parties hereto, for the considerations hereinafter set forth, mutually agree as follows: ARTICLE 1. SCOPE OF THE WORK: The Contractor shall furnish all* labor, materials and equipment and perform all the work in the manner and form provided by the Contract Documents, for the project entitled: "Road Rehabilitation Project, B-46521" ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions and based on unit prices (where applicable), all as provided L, the Proposal and ether Contract Documents, the sum of ($993,699.00), Nine Hundred anus Ninety Tbrre Thousand Six Hundred and Ninety Nine Dollars and none Cents ARTICLE 3. PARTIAL. AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications," and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before the 10th day of each calendar month, the City shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work, performed during the preceding calendar month by the Contractor, less ten (10%) percent of the amount of such estimate, which is to be retains-- ' i --i the City until al! =.work has been- performed strictly in accordance with this Agreement and until such work has been accepted by the City. (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications or by the Contractor have beer wrkii�,hcd aid are found acceptable by the City. 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 City. i 03- 860 __ ARTI('T F 4 Tip. . OF COMPLETION: The _Coy.` ...:tor shall commence _ the work to be performed under this Contract within the number of consecutive days after the date of written notice from the Director of the Department of Capital Improvements to begin work as noted in the Proposal, and shall fully complete the Contract in accordance with the Contract Documents within the number of working days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is the essence of this Contract, and, in the event that const, uction' wF 'zee work is- not completed within the tinie 1c e1i1 specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the actual -damage which the City of Miami, Florida, will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, but will be the liquidated damage thar City will have sustained in event of such default by the Contractor. ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if, at any time after the execution of this Agreement and the Performance Bond hereto atmrhed, when required for its faithful performance, the City shall deem the sur%.;cy or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form sat sfactory to the City. ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if hereto attached, or repeated in this Agreement: AD3.'ERTTSEMENT FCx'_ BI;: PROPOSAL BID BOND CONTRACT PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: As prepared by: Department of Capital Improvements 03- 860 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 origin contract'. THE CITY OF MIAMI, FLORIDA Party of the first part ATTEST: BY: Priscilla A. Thompson City Clerk WITNESS: (If Corporation, attach Seal and Attest by Secretary) (SEAL) RESOLUTION NO. Joe City CONTRACTOR: Parry of the s I cond part BY: grid ) (Employer Tax I.D. Number) APPROVED AS TO INSURANCE Diane Ericson, Director Risk Management APPROVED AS ENGINEERING: APPROVED AS TO FORM AND CORRECTNESS: Jorge C. Cano, P.E. Alejandro Vilarello Director City Attorney Department of Capital Improvements 'IN THE EVENT THAT THE CONTRACTOR IS A CORPORATION, THERE SHAI.L BE ATTACHED TO EACH COUNTERPART A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO IN ITS BEHALF. 3 03=-gs-0 CITY OF MIAMI, FLORIDA 20 A INTER -OFFICE MEMORANDUM TO: The Honorable mayor and mbers O e Ci Co 'ssion FROM: oe Arriola C'ty Manager RECOMMENDATION: DATE: FILE: B-4652 JUL 16 2003 FORMAL BID SUBJECT: Resolution Awarding Contract for "ROAD REEMBILITATION PROJECT", 33-4652 REFERENCES: ENCLOSURES: Five ( 5 ) Documents It is respectfully recommended that the City Commission adopt the attached Resolution accepting the bid of "Morlic Engineering Corp.", for "Road Rehabilitation Project", B-4652, received on July 18t, 2003 in the amount of $993,699.00 Total Bid. "Morlic Engineering Corp.", is a company located within Miami -Dade County at 7571 NW 7th Street, Miami, Florida, 33126, whose Principal is J. Orlando Mora, President. Also, authorizing the City Manager to enter into contract on behalf of the City. BACKGROUND: Amount of Total Bid: $ 993,699.00 Const. Cost Estimate: $ 1,270,310.00 Source of Funds: CIP No. 313855 Cost Estimate: 78% Construction Time: 150 Calendar Days Minority Representation: 31 invitations faxed to Black, Hispanic and Female - Owned Firms. 11 Contractors picked up specs ( 3 Hispanic, 3 Black, 1 Female) 4 Contractors submitted bid ( 2 Hispanic, 0 Black, 1 Female) Public Hearings/Notices: No Discussion: The Department of Capital Improvements has evaluated the bids received on July 18t, 2003, and determined that the lowest responsible and responsive bid, in the amount of $ 993,699.00 is from Morlic Engineering Corp., Hispanic - minority controlled corporation. Funds are available to cover the contract cost, and for such incidental items as postage, blueprinting, advertising, reproduction costs, testing, etc. FISCAL IMPACT: NONE - BUDGETED ITEM Enclosures: Tabulation of Bids Project Fact Sheet Resolution Contract �•.J Budgetary Impact Analysis Form JA/JC/JO/TA/ta 03- 860. 0 City of Miami Department of Capital Improvements PROJECT FACT SHEET Project Name: ROAD REHABILITATION PROJECT Date: July 2, 2003 Emergency: ❑ Project Location: Citywide Commissioner District: 1 Project Number: B-4652 Initiating Dept.: Public Works Project Manager/Ext. No.: Tatiana Acosta, #1263 1�a' Project Budget: Homeland Defense $234,860.00 Account Number: 313855 Amount: Federal (C.D.B.G.) (A) Account Number: Amount: S.N.P.B. 0 Account Number: Amount: Other: $49,685.00 Account Number: Amount: W IL O v V W O W a. W ca Ic IL z O F- C) co z O a The proposed areas are bounded by No. 1: NW 7th Street, NW 17th Street, NW 28th Avenue and NW 37th Avenue; and No.2: NW 18th Street between NW 37th Avenue and NW 36th Avenue. The Project consists of the re -construction and/or re -surfacing including limited drainage improvements in various roads. The drainage includes new systems with exfiltration drain and structures, as indicated in Specifications and Contract Documents. A/E Firm: Milian Swain & Associates, Inc. Address: 2025 SW 32nd Avenue City, State, Zip: Miami, Florida 33145 Contact Person: Arsenio Milian, P.E. Telephone/E-Mail: (305)-441-0123 Type of Work: Highway Improvements Comments: Contractor. Morlic Engineering Corp. Address: 7571 NW 7th Street City, State, Zip: Contact Person: Telephone/E-mail: PROJECT COSTS (A) - Actual (E) - Estimate A/E Firm Fees: $234,860.00 (A) Additional Design Services: N/A (A) In -House Design Cost: N/A (A) Miscellaneous Services: N/A -(A) CLP Design Adminisbation: $49,685.00 (A) Design Phase Total: $264,545.00 . Miami, FI 33126 " Miscellaneous Constr. Cost includes an amount of $49,685 J. Orlando Mora 305-267-1907 Class: P (J = Joint P = Prime S = Sub) Minority Status: H (B = Black F = Female H = Hispanic N = None) Established: 15 years License Number. 30-1490580 Sub -Contractors: H & J Asphalt concept of Estimate Construction Administration Services to be formed by Consultant. This fee was not considered in the final Design Proposal. Construction Contract Amount: $993,689.00 (BID) CIP Construction Administration: $49,685.00 (E) * Misc. Construction Costs: $99,370.00 (E) Construction Phase Total $1,142,754.00 Total Project Coat: $11427,299.80 04—W for CIO SihideAboo6salit 03- 860 W P. FORMAL BID "ROAD REHABILITATION PROJECT" Project Number: B4652 Project Manager: Tatiana Acosta Person who received the bids: Tatiana Acosta Construction Estimate = $ 1,270,310.00 CIP Number: 313855 Date: 7 1 2003 Received at: City Clerk's Office, Miami City Hall Time: 10:00 a.m. BIDDER MORLIC ENGINEERING CORP. WILLIAMS PAVING COMPANY, PETRO HYDRO, INC. REGOSA ENGINEERING, INC. INC. ADDRESS 7571 NW 7 STREET 11300 NW SOUTH RIVER DRIVE 10450 NW 31 TERRACE 46 NW 36 STREET MIAMI, FLORIDA 33126 MEDLEY, FLORIDA 33178 MIAMI, FLORIDA 33172 MIAMI, FLORIDA 33127 BID BOND AMOUNT 5%BID BOND 5% BID BOND 5%BID BOND 5%BID BOND IRREGULARITIES MINORITY OWNED (THIS PROJECT HAS NOT BEEN DESIGNATED AS A SET ASIDE) YES NO YES YES ITEM No. DESCRIPTION UNIT UNIT,?• UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL TOTAL: BID ITEMS 1 THROUGH 21 $993,699.00 $1,002,175.70 $1,519,711.40 $2,027,402.62 1-20 BID ITEMS 1 THROUGH 20 $893,699.00 $902,175.70 $1,419,711.40 $1,927,402.62 ROAD RESURFACING AND ROAD RECONSTRUCTION, SWALES, DRIVEWAYS AND DRAINAGE IMPROVEMENTS 21 BID ITEM 21 PROVISION FOR SPECIAL ITEMS $100,000.00 $100,000.00 $100,000.00 $100,000.00 • IRREGULARITIES LEGEND IT HAS BEEN DETERMINED BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS THAT THE A — No Power - of - Attorney LOWEST RESPONSIBLE AND RESPONSIVE BID IS FROM MORLIC ENGINEERING CORP. B -- No Affidavit as to Capital & Surplus of Bonding Company FOR THE TOTAL AMOUNT OF $993,699.00 C -- Corrected Extensions D -- Proposal Unsigned or Improperly Signed or no Corporate Seal E — Sub-contractor(s) not Identified if above contractor is not the lowest bidder explain: N/A F -- Non - responsive bid G — Improper Bid Bond b' ._^ o H — No Certificate of competency Number .0p D BPREPARED TAT IANA ACOSTA 1 — No First Source Hiring Compliance Statement �� l REVISED D B JUAN B. ORDONEZ, P.E. 1 No Minority Compliance Statement — DATE: JULY 2, 2003 K — No Duplicate Bid Proposal L — No City of Miami or County Occupational License SHEISF I OF I CONTRACT This AGREEMENT, made and entered into this_ day of . A.D., 2003, by and between the City of Miami, Florida, a municipal corporation of the State of Florida, party of the first part, (hereinafter sometimes called the "City"), and MORLIC ENGINEERING CORP. Party of the second part (hereinafter sometimes called the "Contractor' WITNESSETH: That the parties hereto, for the considerations hereinafter set forth, mutually agree as follows: ARTICLE 1. SCOPE OF THE WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by the Contract Documents, for the project entitled: "Road Rehabilitation,Project, B-4652" ARTICLE 2: THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions arY4 based on unit prices (where applicable), all as provided in the Proposal and other Contract Documents, the sum of ($993,699.00), Nine Hundred and Ninety Three Thou and Six Hundred and Ninety Nine Dollars and none Cents ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications," and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before the 10�1 day of each calendar month, the City shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work, performed during the preceding calendar month by the Contractor, less ten (10%) percent of the amount of such estimate, which is to be retained by the City until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the City. (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in hill, and also, after all guarantees that may be required in the Specifications or by the Contractor have been furnished and are found acceptable by the City, 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 City. 1 03- 860 ARTICLE 4. TIN.gg OF COMPLETION: The Conu-,:tor shall commence the work to be performed under this Contract within the number of consecutive days after the date of written notice from the Director of the Department of Capital Improvements to begin work as noted in the Proposal, and shall fully complete the Contract in accordance with the Contract Documents within the number of working days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is the essence of this Contract, and, in the event that construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the actual damage which the City of Miami, Florida, will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, but will be the liquidated damage that City will have sustained in event of such default by the Contractor. ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if, at any time after the execution of this Agreement and the Performance Bond hereto 4tached, when required for its faithful performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if hereto attached, or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND CONTRACT PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: As prepared by: Department of Capital Improvements Entitled: "Road Rehabilitation Projects B-4652" 2 .03- 800 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*. THE CITY OF MIAMI, FLORIDA Party of the first part ATTEST: Priscilla A. Thompson City Clerk WITNESS: (If Corporation, attach Seal and Attest by Secretary) (SEAL) RESOLUTION NO. APPROVED AS ENGINEERING: I:W Joe Arriola City Manager CONTRACTOR: IM Party of the second part (Title) (Employer Tax I.D. Number) APPROVED AS TO INSURANCE REQUIREMENTS: Diane Ericson, Director Risk Management APPROVED AS TO FORM AND CORRECTNESS: Jorge C. Cano, P.E. Alejandro Vilarello Director City Attorney Department of Capital Improvements `IN THE EVENT THAT THE CONTRACTOR IS A CORPORATION, TIRE SHALL BE ATTACHED TO EACH COUNTERPART A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO IN ITS BEHALF. 3 in 03- 860 07-17%2003 15:49 FAX 3054162075 Department C comminkm A0, T Itle and brief v or at»1cDad ordmaeadieaolntioe: to I. Is dais in= xelst�d to revenw? No ® Yes ❑ Revenue Source: a. Is this item an tun? No El Yes A= LLa42.75q General ilmd No: Speew Fend Aceo= No: CEP Project No: 3. Are Chace fimdt in Line [mm? No: ❑ Yea: 19 .SlliiiC M fttmw 9 be "Mmir"IIN fine„ rod- A%lld%wAft 11ww il-A ..• AMON AC NUMBER — TOTAL From S From s To S To 3 4. Is thk item il]f1dM by Hntrrlmm4 T—............. tet- KA vim. f`1 oat N Taial goad Aue=des 1• SerieR Apprvpindon Deftrtr Bp et M Date` Bataaee Com: 3-1-03 Date APPROVALS VerlSed by Com: (If � i�nee Date. L Data 7. TOTAL. P. 02 ®3" 860 i 1 I 3-1-03 Date APPROVALS VerlSed by Com: (If � i�nee Date. L Data 7. TOTAL. P. 02 ®3" 860