HomeMy WebLinkAboutContract00600 COMRACT
By and Between
CITY OF MIAMI
And
CONDO ELECTRIC MOTOR REPAIR, CORP.
This AGREEMENT (hereinafter "Agreement" j , is made and entered into this i.2 day of tky_Jl
A.D., 204, but effective for a one year period with option to renew for four additional one year periods,
beginning ten days after Notice to Proceed is issued by the Departments Director, in accordatice 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, IDh Floor, Miami, Florida 33130 (hereinafter sometimes called the "City', and Condo Electric
Motor Repair, Corp., a Florida corporation, whose principal address is 3615 East 10,h Court, Hialeah Florida,
33013, party of the second part (hereinafter sometimes 'called the "Contractor').
WITNMSETH:
WHEREAS, pursuant to Resolution No. T"Loc-oSadopted by the Miami City Commission
the City Commission accepted the competitive bid of Condo Electric Motor Repair, Corp.
to provide . stormwater pump station maintenance and repair services to the City (thd "Work'l, and
authorized the City Manages to enter into an agreement for the Work with the Contractor for a period of one
year, (365) calendar days, with four (4) one (1) year options to renew the term, in the City's discretion.
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 manner and form provided by this Agreement and the Contract Documents,
for the maintenance and repair of the stormwater pump stations located within the city, , as described in the
recital) for the Contract Term set forth in Article 7 below and for the project entitled:
ARTICLE 2. THE eONTRACT 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 Two li ndred Twenty Nine Thousand Four Hundred
Dollars and No Cents (5229. 400.00), for the term of this Agreement and, in the event the City exercises its
option to renew the Agreement, the sum of $229,400.00 for each such option year.
AR.'17CLE 3. _P.L]MATL AND MAL PAI MNTS: 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:
,s
(a) On or before the 10th day of each calendar m6nth, the City shall make partial payments to the
Contractor on the basis of the estimate of work performed by the Contractor during the preceding
calendar month, duly certified and approved by the City's Project Manager, less 10% Retainage.
(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 an
account of this Agreement shall be.made within sixty (60) days afar completion by the Contractor
of an work covered by this Agreement and acceptance of such work by the City.
ARTICLE A. 71M E OF COMPLETION: The Contractor shall commence the work to be perfo==d
uader 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 witlsin the number of calendar days as set forth in the Proposal.
It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, arid, 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 holid2ys1h6luded, that the work remains uncompleted, the sura set forth in the General Conditions of
the Specifications, as modified by Division 2 - Special Provisions, which sutra represents the actual datnage(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 it penalty, but will be the liquidated d=age(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.
&&UQE 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:
ADVERTISENI&NT FOR BIDS
PROPOSAL
BM BOND
CONTRACT
PERFORMANCE BOND — Not applicable for projects under $200,000.
INSTRUCTIONS TO BMDERS
SPECIFICATIONS
ADDENDA
PLANS: N/A
Asprepared by Estevez
En $.fled B-30395
AR=E 7. THE CONTRACTS The original Contract Term is one (1) year of 365 calendar
days beginning ten days after Notice to Proceed is issued by the Department's Director. The City has four (4)
options to renew the term- of the contract, each for a period of one (1) year, subject to availability of funds
and Contractor's performance.
ARTICLE 8. !CON'T NGEN CLAUSE: Funding for dw Agreement is contingent on the
availability of funds and continued authorization for project activities and is subject to amendment or
termination due to lack of funds, reduction of funds, and/or change it? regu ations, 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)
I
BY:
Print Name: HECTOR COMEZ
Corporate Secretary
(SEAL)
CONTitACTOIL
Condo Electric Motor Repair, Corp.
A Florida Corporation
Party of the second part
BY:
ar iw'�
Print Na HECTOR A_GQ�EZ
Print Title: PRES DENT
59 -2500665 ---
(Employer Tax I.D. Number)
'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
ATTEST:
risaila A. Thompson
" City Clerk
RESOLUTION NO. 07-0005
APPROVED AS TO
ENGINEERING:
Stephanie N. Grindell, P.E.
Director, Public Works
APPROVED AS TO FORM AND
CORRECTNESS
THE CITY OF ML Wi, FLORIDA,
a municipal corporadon,
Party of the fmt part
S
BY:
Pedro G. Hera E.
City Manages
APPROVED AS TO INSURANCE
REQUIREMENTS:
yaz���� -
LeeAnn Brehm, Director
Risk Management