HomeMy WebLinkAboutContract00600, CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami, a political subdivision
of the State of Florida, hereinafter referred to as CITY, and M.C.M.
CORPORATION , hereinafter referred to as CONTRACTOR.
WI TN E S S E T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be issued a Notice of Award by the Contract Administrator.
CONTRACTOR shall commence scheduling activities, permit applications and
other preconstruction work within five (5) calendar days after receipt of the Notice
of Award. The Notice to Proceed and Purchase Order will not be issued until
CONTRACTOR'S submission to CITY of all required documents (including but
limited to: Payment and Performance Bonds, and Insurance Certificate) and after
execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of the Notice to Proceed to mobilize on the
Project site and commence with physical construction of the work. The
CONTRACTOR shall submit all necessary documents required by this
provision within fifteen (15) calendar days of the issuance of the Notice
of Award.
51
City of Miami
Flagler Marketplace Streetsoape B-40887
Bid No. 03-04-162
2.2 Time is of the essence throughout this Contract. The Work shall be
substantially completed within three, hundred twelve (312) calendar days
from the issuance of the Notice to Proceed, and completed and ready for
final payment in accordance with Article 5 within forty-five (45) calendar
days from the date certified by CONSULTANT as the date of Substantial
Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract
within the specified period of time, plus approved time extensions (if
applicable), CONTRACTOR shall pay to CITY the sum of One thousand
dollars ($1,000.00) for each calendar day after the time specified in
Section 2.2 above, plus any approved time extensions (if. applicable), for
Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete the remaining work within . the time
specified .in Section 2.2, plus approved time extensions thereof, for
completion and readiness for final payment, CONTRACTOR shall pay to
CITY the sum of two hundred fifty dollars ($250.00) for each calendar
day after the time specified In Section 2.2 above,. plus any approved
extensions, for completion and readiness for, final payment. These
amounts are not penalties but are liquidated damages to CITY for its
inability to obtain full beneficial occupancy and/or use of the Project.
Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount
of damages that will be sustained by CITY as a consequence of such
delay, and both parties desiring to obviate any question of dispute
concerning the amount of said damages and the cost and effect of the
failure of CONTRACTOR to complete the Contract on time.
The above -stated liquidated damages shall apply separately to each
portion of the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR .for the Work under this Contract or as much thereof as
CITY may, in its sole discretion, deem just and reasonable.
2,5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in
administering the construction of the Project beyond the completion date
specified in Section 2.2, plusapproved time extensions. CONSULTANT
construction administration costs shall be pursuant to the contract
between CITY and CONSULTANT, a copy of which is available upon
request of the Contract Administrator. All such costs shall be deducted
from the monies due CONTRACTOR for performance of Work under this
Contract by means of unilateral credit change orders issued by CITY as
costs are incurred by CONSULTANT and agreed to by CITY.
52
City of Miami
Flagler Marketplace Streetscape B-40667
BEd No. 03-04-162
2.6 NO DAMAGES FOR DELAY. Except as expressly allowed and limited by
Section 41 of the General Conditions , in the event of any delays to the
project , the Contractor's sole remedy shall be to seek an extension of
time in accordance with the terms of the Contract. The City shall not be
liable for any delay damages or damages attributable to performing work
out of sequence, acceleration claims or other similar typeclaims, incurred
by subcontractor arising out of or in any way associated with the
performance of this Agreement.
ARTICLE 3
THE CONTRACT SUM
This is a Unit Price Contract:*
3.9 CITY shall pay to CONTRACTOR the amounts determined for the total
number of each of the units of .work completed at the -Unit pricestated in
the schedule of prices bid. The number of units contained in this schedule
is an estimate only, and final payment shall be made for the actual number
of units incorporated In or made necessary by the Work covered by the
Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part
of the Work. These prices shall be full compensation for all costs,
including overhead and profit, associated with completion of all the Work
in full conformity with the requirements as stated or shown, or both, in the
Contract Documents. The cost of any item of work not covered by a
definite Contract unit price shall be included in the Contract unit price or
lump sum price to which the item is most applicable.
53
City of Mlaml
Flayler Marketplace Streetscape B-40667
Bld No. 03-04-182
ARTICLE 4
PROGRESSYAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed
during the Project at intervals of not more than once a month.
CONTRACTOR'S application shall show a complete breakdown of the
Project components, the quantities completed and the amount due,
together with such supporting evidence as may be required by
CONSULTANTCONSULTANT may require the amount due, together with
such supporting evidence as CONTRACTOR shall include, but same shall
be limited to, at Consultant's discretion, with each Application for Payment,
an updated progress schedule acceptable to CONSULTANT as required
by the Contract Documents and a release of liens and, consent of surety
relative to the work ,which Is the subject
�R tripthe licate to CONSULTANT
ication. Each
Application for Payment shall be submittedp
for approval. CITY shall make payment to CONTRACTOR within twenty-
five (25) days after approval by CONSULTANT of CONTRACTOR'S
Application for Payment and submission of an acceptable updated
progress schedule.
4.2 Ten percent (10%) of all monies earned byCONTRACTOR acceptance shall CITY bie
retained by CITY until Final Completion and
accordance with Article 5 hereof, except that after ninety percent (90%) of
the Work has been completed, the Contract Administrator may reduce the
retainage to five percent (5%) of all monies previously earned and all
monies earned thereafter. Any reduction in retainage shall be in the sole
discretion of the Contract Administrator, shall be recommended by
CONSULTANT and CONTRACTOR shall have no entitlement to a
reduction. Any interest earned on .retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate
stand alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from Toss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of
claims by other parties against CONTRACTOR or CITY because
of CONTRACTOR'S performance.
4.3.3 Failure of CONTRACTOR to make payments properly to
Subcontractors or for material or labor.
4.3.4 Damage to another contractor not remedied.
54
Bld No. 03.04-182
City of Miami •
Flagler Marketplace Streetscape B-40867
4.3.5 Liquidated damages and costs incurred by CONSULTANT for
extended construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents
required by the Contract Documents.
When the above grounds are removed or resolved satisfactory to the
Contract Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
Is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of .the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as -built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute,a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
55
City of Miami Bid No. 03-04-162
. Flegler Marketplace Streetecape B-401367
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part af, and incorporated in, the Contract Documents as .
defined herein. Accordingly, all of the documents incorporated by the
Contract Documents shall govern this Project.
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable
to this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes,
a person or affiliate who is a contractor, consultant or other provider, who has
been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or
services to the CITY, may not submit a bid on a contract with the CITY for the
construction or repair of a public building or public work, may not submit bids
on leases of real property to the CITY, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with
the CITY, and may not transact any business with the CITY in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for category
two purchases for a period of 36 months from the date of being placed on the
convicted vendor list.. Violation of this section by Contractor shall result in
cancellation of the CITY purchase and may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. in providing such services, neither
CONTRACTOR nor its agents shall act as officers; employees, or agents of
the CITY. This Contract shall not constitute or make the parties a partnership
or joint venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intends to directly or substantially benefit a
third party by this Contract. Therefore, the parties agree that there are no
third party beneficiaries to this Contract and that no third party shall be
entitled to assert a claim against either of them based upon .this Contract.
The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be
in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
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City of Miami
Flagrer MarKetplace Streetscape 13-40eB7
. Bld No. 03-04-162
acknowledgment of delivery, addressed to the party for whom it is intended at
the place last specified. The place for giving notice shall remain the same as
set forth herein until changed in writing in the manner provided in this section.
For the present, the parties designate the following:
For CITY:
Director, Capital Improvements and Transportation
444 SW Second Avenue, loth Floor
Miami, FL 33130
With copies to:
Capital Improvements and Transportation
444 SW Second Avenue, 8th Floor
Miami, FL 33130
Attn: Contracts Administration
For Contractor:
Jorge Munilla, President
M.C.M. Corporation
6201 SW 70'h Street, 2nd Floor
Miami, FL 33143
6.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not
subcontract any portion of the work required by this Contract except as
authorized by Section 27 of the .General Conditions. CONTRACTOR
represents that all persons delivering the services required by this Contract
have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Work and to provide and
perform such services to CITY's satisfaction for the agreed compensation.
CONTRACTOR shall performits duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of
CONTRACTOR's performance and all interim and final product(s) provided to
or on behalf of CITY shall be comparable to the best local and national
standards.
6.8 Materiality and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation
set forth in these Contract Documents is substantial and important to the
formation of this Contract and, therefore, is a material term hereof.
57
City of Miami Bid No. 03-04-162
Hagler Marketplace Stoetscape B=40867
•
CITY's failure to enforce any provision of this Contract shall not be
deemed a waiver of such provision or modification of this Contract. A
waiver of any breach of a provision of this Contract shall not be deemed a
waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Contract.
6.9 Severance
In the event a -portion of this Contract is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless CITY or CONTRACTOR elects to terminate this Contract.
An election to terminate this Contract based upon this provision shall be
made within seven (7) days after the finding by the court becomes final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami -Dade,. County, Florida, and if
legal action is necessary by either party with respect to the enforcement of
any or all of the terms or conditions herein exclusive venue for the
enforcement of same shall lie in Miami -Dade County, Florida. By entering
into this Contract, CONTRACTOR and CITY hereby expressly waive
any rights either party may have to a trial by jury or to file permissive
counterclaims in of any civil litigation related to, or arising out of the
Project. CONTRACTOR shall specifically bind all subcontractors to
the provisions of this Contract. Each party shall bear their own
attorney's fees.
6,11 Amendments
No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Contract and executed
by the City Manager and CONTRACTOR.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
applicable to the matters contained herein and the parties agree that there
are no commitments, agreements or understandings concerning the
subject matter of this Contract that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof
shall be •predicated upon . any prior representations or agreements,
whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall
be effective unless. set forth in writing in accordance with Section 6.11
above.
58
City of Miami
Fleeter Marketplace Streetscape B-40667
Bid No. 03-04-162
IN WITNESS WHEREOF, the parties have set their hands and seals
parties have set their hands and seal the day and year first above written.
ATT T:
„4.
4/Priscilla A. Thompson, City Clerk
ATTEST:
Print Name: Ri urii� f�
Title: Corporate Se:retary
itchy„
CITY • F MIAMI, municipal carp
of the tate of F on
By:
Joe • rriola, City Manager 144
"Contractor"
M.C.M ; orporation, a for p oflt ��,
corpora on of the State of 0144
n Name: Jorge Muni is '. .
Title: President
APPROVED AS.TO FOR AND APPROVED AS TO INSURANCE
CO RE TNESS:
Jor' e . F
City • ome
1(01-010
REQUIREMENTS:
/ 4101
Dania Carrillo
isk Management Administrator
THE CITY REQUIRES. TWO (2) FULLY -EXECUTED CONTRACTS FOR DISTRIBUTION.
59
City of Miami
Fiagler Marketplace Streetacape B-40687
Bid No. 03-04-182