HomeMy WebLinkAboutExhibit 2. 'xi,61;11- A
00600. CONTRACT
CONTRAC
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.
W I T N 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: Paymentand 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 i3-4pB67
Flagler Marketplace Streetscape
Bid No. 03-04-162
ork
2.2 Time is of the essence throughoutthisntwelve (312) ca ndardays
be
substantially completed within three hundred for
from the issuance the Notice to Proceed, and
forty-five (4S) calendar
final payment in accordance with Article
. days from the date certified by CONSULTANT as the date of Substantial
Completion.
2.3 Upon failure of CONTRACTOR to substantially compete thene Consract
withint
. the specified period of time, plus approved #
iapplicable), 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
work Completion
thetould
ime
CONTRACTOR fall to complete the
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 (5250.00) for each calendar
day after the time specified in Section 2.2 above,.'plus. any approved
extensions, for completion and readiness payment. to CITY These
amounts are not penalties but are liquidated damages
inability to obtain full beneficial occupancy
aand and/or f betwaentectthe
Liquidated damages are hereby fixedagreed uponthe amount
parties, recognizing the impossibility of precisely ascertaining
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 damagest�eandtra on the stttinand effect of the
failure of CONTRACTOR to complete
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
mu hmonies du
ao
CONTRACTOR for the Work under this Contract
CITY may, in its sole discretion, deem just and reasonable.,
2.5 CONTRACTOR shall be responsible for reimbursing CITY,
,SULTANT in
in addition to
liquidated damages, for all costs incurred by
administering the construction of the Project beyond the completion date
specified in Section 2.2, plus approved
Ilin�eextensions. nt to CONSULTANTthecontract
construction administration costs p
between CITY and CONSULTANT, a copy of which is available upon
request of the Contract Administrator. Allerf rrnanc#e of Work unde< th s
s 'shall be deducted
from the monies due .CONTRACTOR for
p
Contract by means of unilateral credit change
norders by isCu d by CITY as
costs are incurred by CONSULTANT agreed
52
City of Miami •
Rapier Marketplace Streetscape B-40667
Bld No. 03-04-162
owe
2.s
NO DAMAGES FOR DELAY. Except as expressly
allow ady delays to tby
Section 41 of the General Conditions , in the
project evente
, the Contractor's sole remedy shall beet seek City shell not of
time in accordance with the terms of the Contract.
liable for any delay damages or damages attributaable to e. claims, intcwoek
rk
out of sequence, acceleratio�claims arer in other
anys way associated
r with the
by subcontractor arising
performance of this Agreement.
ARTICL
THE CO TRACT SU
This is a U it Price Contrac :*
r
the
3.1 CITY
shall pay to CONTRACTOR the amounts dthe unit prifo stated total
number of each of the units of work completed at this in the schedule of prices bid. The number of units edit i the actual numbere
is an estimate only, and final payment shall be the Work covered by the
of units incorporated in or made necessary by
Contract Documents.
Payment shall be made at the unit prices applicable to each integral part
fo
of the Work. These prices shall be fuwithocompleitonnof ail theall cWork
including' overhead and profit, associated
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 includedable Contract unit price or
lump sum price to which the item is most appi
53
City of Miami a g..tio8B7
r,.r,ter tdarkntnlace StreetSCap
aid No. 03-04-182
AR lCLEA
PROGRESS PAYMENTS
d
4,1 CONT
RACTOR may make Application for Payment for work ao rplete
during the Project at intervals of not more than once
onth.
CONTRACTOR'S application shall show a complete breakdown of the
Project components, the quantities completed and the be amount
uiredue,
e,
together with such supporting evidence as may.together withb
CONSUl.TANTCONSULTACONTRACTOR shaay require the ll amount due,
same shall
such supporting evidence asApplication for Payment,
be limited to, at Consultant's discretion, with each seend
an updated progress schedule acceptable to of Lens and consent of ONSULTANT as surety
by the Contract Documents and a release
relative to the work , which is the subject tri
pplicate oP CONSULTANT
plication. Each
Application for Payment shall be submittedp
far approval. CITY shall make payme�Tto Aof CONThRACT4R
flue (25) days after approval by CONSULTANT
Application for Payment and submission. of an acceptable updated
progress schedule.
CONTRACTOR shall be
4.2 Ten percent (10%) of all manias earned by and acceptance by CITY in
retained by CITY until Final Comp percent (90%) of
the W accordance withArticle
pleted5 pthe Contract Adminf, except that after istrator may reduce the
the Work has been ca p
retainage to five percent (5°I0) of all monies previously eamed and al
monies earned thereafter. Any reduction in retainage srecommn t es y
discretion of the Contract Administrator, shall
CONSULTANT and CONTRACTOR retainage shall accrue toave no itthe benefit of
reduction. Any interest earned on .r 9
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 loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable tiling 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
City of Miami •
Bid No. 03-04-162
4.3.5 Liquidated damages and costs incurred by CONSULTANT for,
extended construction administration.
silure of CONTRACTOR to provide any and all documents
4.3.6 the Contract Documents.
required by
VVhen the above grounds are removed or resolved satisfactory to the
ment shall be made in whole or in part.
Contract Administrator, paY
ARTICLE 5
ACCE'T' NC AND FINL PAY E►
P
5.1
TANT shall, within ten (10) calendar
Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONS
dULdays, make an inspection thereof. If
ocuments have been submitted aind the
strator
find the Work acceptable, the requisiteall
requirements of the Contract Documents fully atissfied, a met, a FinalCa l conditions
a a iti Payment
of the
permits and regulatory agencies have e
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents c �diticns thereof.een ed and the Work
is ready for acceptance under the terms
issuance of the Final Certificate for Payment,CONTRACTOR i fsthall
5.2 Before toss complete release of all lienssuppliers and
deliver CONSULTANT a
Contract, receipts in full in lieu id in full that an aall othevit r Indebtedness cocted
subcontractors have been pd a consent of the #o final .payment;
he
with the Work has been
d paid, gs; and the final bill of materials, if rquired, and
final corrected as -built
invoice.
completion thereof is
5.
3 materiallyif, after the Work th oueh no f ault of full
CONSULTANT so
cfisdelayed g
certifies, CITY shall, upon certificate of CONSULTANT,
due foAr that pvrdti without
t}1eeWork fully
inating
the Contract, make payment of the balance
completed and accepted. Such Payment shall
lit shallanat constitute .a waiver of
P
conditions governing final payment, except
claims. •
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance � CONTRACTOR repared o
the Contract Administrator, and approved
atThe acceptance f final payment shall constitute a waiver of all claims byCONTRACTOR, except
provisions of the General
those previously made in strict accordance with the p
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
55
City of Miami
�,�. RAerlralnlAf� Streetscape B-40667
Bid No. 03-04-162
AR ICE .
n1i�sCEL.IAN� 5
d incorporated in, the, Contract Documents as
6.1 This Contract is part of, an
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
pocuments and a more stringent state or federal provision
provlision hallp prevail.
to this Project, the more stringent stet
6.3 public Enti Crimes Florida Statutes,
In accordance with the Public Crimes Act, Section 287,133, whohas
a person or affiliate who. is a contractor, consultant or other provider,public
p a conviction for a p
been placed on'the convicted vendor list following providetract to any goods or
servicesrcrime may not submit not submit a bid nna contract with the CITY
TY for
b he
nstruto the CITY, may public building or -public work, may not s
construction or repair of a on leases of real property to the CITY, may not be awarded or perform with work
as ontractor, supplier, subcontractor, or consultant nderthe CITYin �xc tract
CITY, and may he
a c not transact any business
theof t
threshold amount provided in Section saf am tt�eldateaof being placed on the
twoory
purchases for a period of 36 month Contractor shall result in
convicted vendor list.. Violation of this sec�� ult� Contractor debarment.
cancellation of the CITY purchase and may
6.4 I de ends t Contracto
is
CONTRACTOR is an independent contractor
Contract this Contract. be s Services t tee
provided by CONTRACTOR pursuantto
thisQroviding such services, neither.
Supervision of CONTRACTOR. employees, or agents of
CONTRACTOR nor its agent not clonscttas itute or officers,Imake the parties a partnership
the CITY. This.Contract she!
or joint venture.
6.5 Third Pa Beneficiaries or Neither
CONTRACTOR nor CITY intends to directly substantially
that hlete are no
efit a
thirda e no
third party by this Contract: Therefore, the p
third party beneficiaries to this Contract and that no third .this
h s : shallContract.
entitled to assert a claim against either of them based up
The parties expressly acknowledge. that it is not
under this Contract create any
rights or obligations in any third person or entity
6.6 .Notices
Whenever either party desires to give notice to tostaother, eprepaid, aelce must be
tn receipt
When certified United States Mall, p g
in writing, sent by with a request for a written receipt of
requested, or by hand -delivery
56
City' of Miami e B g0667
Hagler Marketplace Streetscap
Bid No. 03-04-162
delivery, addressed to the party for whom it is intended at
acknowledgment of
the place last specified. The place for giving notice shall remain the same as
set forth herein until changed in writing in hemanner
aner provided in this section.
For the present, the parties designate the following:
F�CITY.
Director, Capital Improvements and 'transportation
444 SW Second Avenue, 10th Floor
Miami, FL 33130
With co ies to:
Capital improvements and Transportation
444 SW Second Avenue, 8th Floor
Miami, FL 33130
Attn: Contracts Administration
Far Contractor.
Jorge Munilla, President
M.C.M. Corporation
6201 SW 70th Street, 2nd Floor
Miami, FL 33143
6.7 Assi nment and Performance
Neither this Contract nor any interest nheared�ishall be assigned,
shall not
encumbered by either party.
subcontract any portion of the work required by this Contract except as
authorized by Section 27 of the General onditions. byCONTRACTOR
this AC OR
a the services
represents that all persons deliveringexperience, education, or a
ct
P
have the knowledge and .skills, either and training, ometently perform
combination thereof, to adequately theduties,and
s satisfaction for the agreed compensation.
obligations, and services set in the Scope of Work andto provide
perform such services to CI
CON
TRACTOR shall performits duties, obligations, and services under
this
Contract in a skillful and respectable manner• provided to
CONTRACTOR'S performance and all cable to terim the best final acalsand national
or on behalf of CITY shall be comp
standards.
6.8 Materialit and Waiver of Breac CITY and CONTRACTOR agree that each requirement, duty, and obligation
tial and octant to the
set forth - in these Contract Docis a materis is al t rm he eof.
formation of this Contract and, therefore,
57
City of Miami
Flagler Marketplace Streetscape 5-40667
Bid No. 03-04.162
C}TY s failure
to enforce any provision of this Contract Contract be
A
deemed a waiver of such provision
provision of this Contract shall not be deemed be a
waiver of any breach of a p
waiver of any subsequent breach cd
t. shall not be construed
modification of the terms of this Contract
a court of competent
6.9 _____Severanceortion of this Contract is found by
In the event a p provisions shall continue to be
jurisdiction unlessto be invalid, Othe remaining P provision shall be
effective CITY or CONTRACTOR elects toterminate this Contract.
days after the finding by the court becomes final.
An election to termiate this Contract basedupon
made within seven (7) Y
Florida, and if
6.1 p This ridable oat Law and Ve Ue respect to the enforcement if
Contract shall be enforceabe Miami-Dade
gae. County, e
legal action is necessary by eitherparty
e
any or all
of the terms or conditions herein exclusive'o'�dvenByu entering
he
enforcement of same shall lie in Miami -Dade County, expressly W&iVe
have to a trial by jury or to' file .permissivethe
into this Contract, CONTRACTOR and CITY hereby out of
any rights either of any mayor arising
counterclaims in of civil litigation related to,
ctrs
Project.
CONTRACTOR .shall specifically bind all
subcor tacio own
to
the provisions of this Contract. Each party
shallattorney's fees.
6.11 An__ ants
No modification, amendment, or
contained herein shall be
or similar
prepared with the
by the City Manager and CONTRA
6.12 Prior A4reements incorporates and includes all prior negotiations,
This document agreements, and understandings
correspondence, conversations,
es
e
applicable
to the matters contained herein and the
parts Con that herre
are no commitments, agreements or understandingsterms hereof
matter of this Contract that are not contained in this document.
subject glthe partiesagreements,
Accordingly, agree that no deviation
from the shall be predicated uponany prior representations or ag
o
whether
oral or written. It is further agreons contad that- ined herein shalt
amendment or alteration � �� aterms r in accordance with Sect�an 6.11
be effective unless set
above.
alteration in the terms or conditions
unless contained in a written document
formality as this Contract and executed
CTOR.
58
Bid No. 03-04-162
City of Miami 9.40687
Flegier Marketplace Streetacape
.4/
1N VIIITN
ES WHEREOF, the parties have set ttheir
abovea d tten d seals
parties have set their hands and seal the day and year first
ATT T:
Priscilla A.
ATTEST:
"City"
CITY • F MIAMI, municipal corp
of the tate of 1^ orl
I By: - ola Manager 144
Joe�rri , City
Thompson. City Clerk
"Contractor"
M,C,M1 orporation, a for p oflt � ..
corpora ' on of the State of
Print ame:31 un i 11�
Title: Corporate Secretary
APPROVED AS TO FOR AND
CO RE • TNESS:
.ram
Jor!e . F = •e
City • ome
14010
n Name: Jorge Manilla
Title: President
APPROVED AS TO INSURANCE
REQUIREMENTS:
azt.414:4 tLerj.)-0
�Dania Carrillo
�--Risk Management Administrator
THE CITY REQUIRE TWO (2) FULLY -EXECUTED CONTRACTS FOR DISTRIBUTION.
City of Miami
_ _ o_wnaa7
59
EId No. 03-04-162