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HomeMy WebLinkAboutexhibit1AMENDMENT TO CONTRACT By and Between CITY OF MIAMI AND T.J. PAVEMENT CORPORATION This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of , A.D., 2005, but effective for one additional eighty (80) working days after a second notice to proceed issued on May 20, 2005 from the Public Works Engineer in accordance with the Contract Term set forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, party of the first part, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (hereinafter sometimes called the "City"), and T.J. Pavement Corporation., a Florida corporation, whose principal address is 11401 S.W. 40 Street, Suite 335, Miami, Florida 33165, party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. 04-0262, adopted by the Miami City Commission on April 22, 2004, the City Commission accepted the competitive bid of T.J. Pavement Corporation, to provide citywide storm sewer additions and repairs to the infrastructure and entered into an agreement for said services with T J. Pavement Corporation for one hundred forty (140) working days with additional time extensions, covering the period from June 22, 2004 to May 20, 2005; and WHEREAS, the Contractor and the City wish to provide for extra repair services to alleviate emergency flooding locations at the same original contract item prices for an additional $200,000 for an additional eighty (80) working days as described herein and in all attachments hereto (collectively referred to as the "Contract Documents") which by such references are incorporated herein and made a part of this Agreement; NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as an integral part of this Agreement), and the promises and covenants contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as follows: ARTICLE 1. SCOPE OF WORK; The Contractor shall furnish all labor, materials and equipment and perform all the work in the mariner and form provided by this Agreement and the Contract Documents, for the additions and repairs to the storm sewer infrastructure of City of Miami storm sewer system, for the Contract Term set forth in Article 7 below and for the project entitled: 1 C(2- S d ; 5 cC(`/q I7 � C CITYWIDE STORM SEWER REPAIR PROJECT, B-50712 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 in the Proposal attached hereto and other Contract Documents attached hereto, the sum of Eight Hundred Fifty Thousand, Six Hundred Fifty Dollars and No Cents ($850,650) for the original contract and an additional Two Hundred Thousand and No Cents ($200,000) for a total of $One Million Fifty Thousand Six Hundred and Fifty and No Cents (1,050,650). ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" attached hereto, 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. (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 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. ARTICLE 4. TIME OF COMPLETION The Contractor shall commence the additional work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the Contract Scope of Work in accordance with this Agreement and the Contract Documents within the number of working days as set forth in the Proposal. 2 It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, 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(s) 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(s) 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 attached and incorporated herein as Attachment "A", 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 attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND CONTRACT PERFORMANCE BOND — Not applicable for projects under $200,000. MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: As prepared by Estevez Entitled: B-57012 3 ARTICLE 7. THE CONTRACT TERM The original Contract Term was for One Hundred Forty (140) working days, with options to renew for additional working days, subject to the approval of the Engineer, beginning June 22, 2005 and ending May 20, 2005, as per second renewal. Pursuant to the original Agreement, the City has the option, in its sole discretion, to renew this Agreement for up to one (1) additional eighty working day period, by giving the Contractor at least thirty (30) days' prior written notice for the additional period of renewal. ARTICLE S. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and is subject to amendment due to lack of funds, reduction of funds, and/or change in regulations upon thirty (30) days written notice. 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*. WITNESS: (If Corporation, attach Seal and Attest by Secretary) CONTRACTOR: T.J. Pavement Corporation., A Florida Corporation Party of the second part • I. BY: BY: Print Name : Print Name: Print Title: Corporate Secretary (SEAL) (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Joe Arriola City Manager Priscilla A. Thompson City Clerk *BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART AS ATTACHMENT "B" 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. 4 RESOLUTION NO. 05- APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: ENGINEERING: Stephanie N. Grindell, P.E. Dania F. Carrillo, Administrator Director, Public Works Risk Management APPROVED AS TO FORM AND CORRECTNESS Jorge L. Fernandez City Attorney 5