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HomeMy WebLinkAboutExhibit 1CONTRACT ,By and Between CITY OF MIAMI I_Lrl BARRETTO CONSTRUCTION CORP. This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of 2009, but effective as of the date stated on the Notice to Proceed issued by the Department's Director, 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, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and Barretto Construction Corp., a Florida corporation, whose principal address is 2926 SW 145' Avenue, Miami, Florida, 33175, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on , the City Commission accepted the competitive bid of Barretto Construction Corp. for the project entitled District 5 — Sidewalk Repair Project 1, B -30377E (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of one (1) year; and WHEREAS, the City Commission further authorized the City Manager, or his designee, to extend the Contract for up to four (4) additional one (1) year periods, subject to the availability of funding and Contractor's performance; 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, attached hereto and made part hereof, for the project entitled District 5 — Sidewalk Repair Project 1, B -30377E for the Contract Term set forth in Article 7 below. 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 as Exhibit "C", the annual sum of Thirty Nine Thousand Seven Hundred Dollars ($39,700.00) for fiscal year 2008-2009. Should the City decide to exercise the available options to renew, the annual amounts will be as follows: The first option to renew in an annual amount not to exceed Thirty Nine Thousand Seven Hundred Dollars ($39,700.00) for fiscal year 2009-2010. The second option to renew in an annual amount not to exceed Thirty Nine Thousand Seven Hundred Dollars ($39,700.00) for fiscal year 2010-2011. The third option to renew in an annual amount not to exceed Thirty Nine Thousand Seven Hundred Dollars ($39,700.00) for fiscal year 2011-2012. The fourth and final option to renew in an annual amount not to exceed Thirty Nine Thousand Seven Hundred Dollars ($39,700.00) for fiscal year 2012-2013. ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" in the Proposal 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 the estimate of work performed by the. Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager. (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 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 calendar 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: (NOT APPLICABLE TO THIS CONTRACT) 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" (NOT APPLICABLE TO THIS CONTRACT), 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 GENERAL CONDITIONS SPECIFICATIONS ADDENDA PLANS: N/A As prepared by Estevez Entitled: B -30377E KI ARTICLE 7. THE CONTRACT TERM: The original Contract Term is one (1) year (365 calendar days) effective on the date specified on the Notice to Proceed issued by the Department's Director. ARTICLE & CONTINGENCY CLAUSE: Funding for this 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 in regulations, upon thirty (30) days written notice. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year 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) Print Name: Corporate Secretary (SEAL) ATTEST: Priscilla A. Thompson City Clerk RESOLUTION NO. CONTRACTOR: Barretto Construction Corp. A Florida Corporation Party of the second part M Print Name Print Title: (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part M. Pedro G. Hernandez, P.E. City Manager 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 WEO SIGNS THE CONTRACT TO DO SO ON ITS BEHALF. 112 APPROVED AS TO ENGINEERING: Stephanie N. Grindell, P.E. Director, Public Works APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brehm, Director Risk Management ATTACHMENT A Payment and Performance Bond (NOT APPLICABLE FOR THIS CONTRACT) ATTACHMENT B CORPORATE RESOLUTION WHEREAS, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) (type name of officer) is hereby authorized and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary (Corporate Seal) Chairperson of the Board of Directors 7 ATTACHMENT C OTHER CONTRACT DOCUMENTS