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HomeMy WebLinkAboutexhibit1CITYWIDE STORM WATER PUMP STATION MAINTENANCE AGREEMENT By and Between CITY OF MIAMI AND CONDO ELECTRIC MOTOR REPAIR CORP. This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of , A.D., 2005, but effective for a one (1) year renewal term of September 25, 2004 to September 24, 2005 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. 2°d Avenue, 10th Floor, Miami, Florida 33130 (hereinafter sometimes called the "City"), and Condo Electric Motor Repair Corp., a Florida corporation, whose principal address is 3615 East loth Court, Hialeah, Florida 33013, party of the second part (hereinafter sometimes called the "Contractor" and "Condo Electric"). WITNESSETH: WHEREAS, pursuant to Resolution No. 03-1024, adopted by the Miami City Commission on September 25, 2003, the City Commission accepted the competitive bid of Condo Electric Motor Repair Corp. ("Condo Electric") to provide citywide storm water pump station maintenance services for 2003-2004 and entered into an agreement for said services with Condo Electric for the period from September 25, 2003 to September 24, 2004; and WHEREAS, the competitive bid documents and the contract documents for the 2003-2004 citywide storm water pump station maintenance services for four (4) stations stated that the contract would include a provision for two annual extensions at the discretion of the City; and WHEREAS, the renewal of the 2003-2004 maintenance services agreement was inadvertently delayed as a result of the enormous hurricane activity and emergency circumstances during the months of August and September 2004 and the need to prepare and mobilize public works essential functions; and WHEREAS, Condo Electric has continued to provide such maintenance services throughout the emergency period and through the date hereof; and WHEREAS, pursuant to Resolution No. 05- , adopted by the Miami City Commission on , 2005, the City Commission approved the recommendations and findings of the City Manager and the Department of Public Works that Condo Electric continue to provide citywide storm water pump station maintenance services for the extension period beginning September 25, 2004 through September 24, 2005, with the City having one (1) remaining option to renew an agreement for such services for the 2005-2006 period; and (i5-000 ()a 1 WHEREAS, the Contractor and the City wish to provide now for such citywide storm water pump station maintenance services for 2004-2005 for four (4) pump stations at the same original contract price of $91,160 per annual period and 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 manner and form provided by this Agreement and the Contract Documents, for the maintenance of four (4) City of Miami storm sewer pump stations: Riverview, Lawrence, Orange Bowl, and Overtown, for the Contract Term set forth in Article 7 below and for the project entitled: CITYWIDE STORMWATER PUMP STATION MAINTENANCE CONTRACT, B- 56960 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 Ninety -One Thousand, One Hundred and Sixty Dollars and No Cents {$91,160.00) for the 2004-2005 Contract Term. Compensation to Contractor for any remaining renewal period of this Agreement, if any. shall be for the same Contract Sum of Ninety -One Thousand, One Hundred and Sixty Dollars and No Cents ($91.160.00) per annual period. 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, 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 full, and also, after all guarantees that may be required in the Specifications or by the 2 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 working days as set forth in the Proposal. 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 3 PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: As prepared by Estevez Entitled: B-56960 ARTICLE 7. THE CONTRACT TERM: The original Contract Term was for one (1) full year with such one (1) year term period beginning September 25, 2003 and ending September 24, 2004. Pursuant to the original Agreement, the City has the option, in its sole discretion, to renew this Agreement for up to two (2) additional one-year periods, by giving the Contractor at least thirty (30) days' prior written notice for each additional annual period of renewal. The City is now exercising its first option to renew and extend the Contract Term for the one (1) full year with such one (1) year renewal term period beginning September 25, 2004 and ending September 24, 2005. Accordingly, the City now has one remaining option, in its sole discretion, to renew this Agreement for up to one (1) additional annual period by giving the Contractor at least thirty (30) days' prior written notice for any 2005-2006 annual renewal period. ARTICLE 8. 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: Condo Electric Motor Repair Corp., A Florida Corporation Party of the second part BY: BY: Print Name : Print Name: Print Title: Corporate Secretary (Employer Tax 1.D. Number) BECAUSE CONTRACTOR IS A CORPORATION, THERE SIIALL 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 •.I N\7I I V 1 •,1 •,t\11 V\1. (SEAL) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Joe Arriola City Manager Priscilla A. Thompson City Clerk RESOLUTION NO. 05- APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: ENGINEERING: Dania F. Carrillo, Administrator Stephanie N. Grindell, P.E. Risk Management Director, Public Works APPROVED AS TO FORM AND CORRECTNESS Jorge L. Fernandez City Attorney 5