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00600. Qi:LI•LT.BASICO
A CONTRACT, by and between the City of Miami, a political subdivision
THIS IS M.C,M�
of the State of Florida, hereinafter referred to as CITY, and
CORPORATION , hereinafter referred to as CONTRACTOR.
WIT N E S S E T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
!C 'I
SCO E WOR
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
perform
and incidentals necessary to all of the work described in the Contract
Documents and related thereto for the Project.
E
CONTRACT TIME
Cr.
2.1
CONTRACTOR shall be, issued a Notice of Award by the eoniitrapp1 cations. and
CONTRACTOR shall commence scheduling activities, prn
other preconstruction work within five (5)calendar Purehase Ordea fter will rnot ibeoisued uf the Notice
of Award. The Notice to Proceed andding but
til
CONTRACTOR'S submission to CITY of alBonds, required and Insurance Certificate)
execution after
limited to: Payment and Performance
both parties.
execution of the Contract by'
2.1,1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance
d c ched schedule values technicalspecifications
aeCco�nditlon
section, submittal scheduleize
precedent to the issuance of the Notice to Proceed to cons#ruction ofmhellwork. OnThe
the
Project site and commence with physical
CONTRACTOR shall submit all necessary
of the issuance of the Norequired by tice
s
provision within fifteen (15) calendary
of Award.
51
City of Miami g ,i0B87
Filmier Marketplace StreetscaPe
13id No. 03-04-162
2.2 Time
is of the essence throughout this Contract. twelve
(3 Zy calendar shall be
substantially completed within three hundred� ,calendar
ys
nd
from the issuance of the Notice to Proceed, ando l led a ready for
final payment in accordance with Article 5 within
days from
the date certified by CONSULTANT as the date of Substantial
Completion.
failure of CONTRACTOR to substantially complete the Contract
w
2.3 p°n of time,plus approved time extensions (if
within the specified period ll pay to CITY the sum of One thousand
a
dpplicsble},CONTRACTOR ach aca endar day after the time specified in
dollars ($'I �OQ0.00) licable for
Section 2.2 above, plus any approved time extensions (If. app ' )�
Suc
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
camp dollars ($250.00) for each calendar
CITY the sum of two hundred fifty above; 'plus any approved
day after the time specifiedIn and Sreation 2.2 diness for final ppayment These
extensions, for completion
mounts are not penalties but are liquiinatedan anlause of the rofor
is
a to obtain full beneficial occupancy
Liquidated
are hereby fixed and agreed upon between the ..
Liquidated damagesof precisely ascertaining the amount
parties, recognizing the impossibility CITY as a consequence of such
of damages that will be sustained toy obviate any question of dispute
delay, and both parties desiring
the
concerning the amount of said damages Contract costtiand effect of the
failure of CONTRACTOR to complete the separately to each
The above -stated liquidated damages shall apply se p
portion of the Project for which a time for completion Is given.
m
2.4 CITYO
is authorized to deduct liquidated damages
mag oramuhmonies due aso
CONTRACTOR for.the Work under thand reasonable.
CITY may, in its sole discretion, deem justand,
1-CY in addition to
2.5 CONTRACTOR shall be responsible for reimbursing CONSULTANT in
liquidated damages, for all costs incurred by
administering the construction of the Project beyond
the CONSULTANT
etion date
spm approved time specified in Section 2.2, pluspursuant to the . contract
construction and CONSULTANT on costs shall copy which is available upon
between CITY and of Work under this
request of the Contract Administrator. All such ante shall be deducted
from the monies due CONTRACTOR for perform
Cony
tract b means of unilateral credit changed to by CITY e orders issued by CITY as
costs are incurred by CONSULTANT and agr
52
City of Miami • 9667
Flapier Marketplace Sireetsrape B-4
BEd No. 03.94-162
2,8 NO DAMAGES FOR DELAY. Except asInexpressly the event a y delaysand ito the
Section 41 of the General Conditions , shall be to seek an extension of
project , the Contractor's sole remedy
time in accordance with the terms of the attributableontract The
to performing forming work
shall not be
liable for any delay damages or damages a claims, incurred
out of sequence, acceleration
utclaims
oroin other
anysimilar
associated with the
by subcontractor arising
performance of this Agreement.
ART1C 3
TNFCONTR TSU
is is a U ice Contrac :'
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total
number of each of the units of work completed co contained in this sc�l�edu�e
the schedule of prices bid. The number ofer
is an estimate only, and final paYmeence sal be made for the actual by the Work covered by bhe
of units incorporated In or made n rY
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 slth ated orpletion shown�of rboth,'ill the n,the
ork
in full conformity with the requirements
Contract Documents. The cost of included in the Contract item of work unet price or
red by a
definite Contract unit price shall beapplicable.
lump sum price to which the item Is most
53
BIB No. 03-04.162
City of Miami
Rimier Marketplace Streetscape B-40667
PROGRESS YIVI N S .
4,1 CONTRACTOR my
a make Application for Payment for work 8 moved
during the Project at into shall °sh wnot
e completemore nb eakdown of the
once CONTRgCTOR's application
d
Project components, the quantities completeded a.n may the amourequint
due,
e,
together with such supporting evidence
by
CON
SULTANTCONSULTANT may require the amount due, together
with
such supposing evidence as CONTRACTOR . Application for Payment,
hall
be limited at Consultant's
ess schedule acceptable to CONeach SULTANT as required
an updated progress schedule consent of
the Contract Documents and a releaof liens of thedApPlication, surety
by which is the subject
relative to the work ,
Application for Payment shall be submitted in IicatetoCONSULTANT h
APPI payment to CONTRACTOR
for approval. CITY shall make P Y CONSULTANT of 'CONTRACTOR'S
twenty-
five (25) days after approval by
Application for Payment and submission of an acceptable updated
progress schedule.
percent (10%) of all monies earned by CONTRACTOR shall be'.
4.2 Ten Completion and acceptance by CITY in
retained by CITY until Final Comp (90%) of ;
the W accordance with Article 5 hereof, except ract Administratorpercentmay reduce the l
the Work has been completed, earned and
retainage to five percent (5%) of 4ni�et previously
retainage shall 11 be in the sole '
• monies earned thereafter. Any reduction
discretion of the Contract Administrator, shall
halls be
eo recommended
ecome en edoby
CONSULTANT and CONTRACTOR shallin a separate
• reduction. Any interest earned on retainage shall accrue ng the benefit of
CITY. All requests for retainage reduction she
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.
filed or reasonable evidence indicating probable filing of
4.3.2 Claims
claims by other parties against CONTRACTOR or CITY because
of CONTRACTORS 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 B��g7
Flagler Marketplace Streetscape
Bld No. 03-04-162
•
4.3.5 Liquidat
ed damages and costs incurred by CONSULTANT for• .
extended construction administration.
rovide any and all documents
require
4.3.6 Failureof
by the Contract Documents.
When
the above grounds are removed or resolved
ie or i satisfactory part. to the
a
Contract Administrator, payment shall be made
ARTICL 5
CC PT E • D FINAL PAYM ►
NT shall, within ten (10) calendar
receipt of written notice from CONTRACTOR that the Work is ready for
5.1 Upon CONSULTANT
dins! , aetion inspection
acceptance,
days, make an inspection thereof. If CONSULTANT
documents have been submitted andct lthe
rator
dy,
find the Work acceptable, the requisite.
requirements of the Contract Document ofully ettia Far►a� Cep{��te of Payment
itions of the
req regulatory agencies have b
permits and9
OOt326) shall be issued by CONSULTANT, �e�aerformed and the Work
(Formgnature, stating that
erequirements of the Contract Documents the
is feady for acceptance under the terms and conditions there° • CONTRACTOR shall
Before issuance of the.Final Certificate for Payment, CONTRA out of this
5.2 complete release of all liens arising tiers and
deliver to CONSULTANT a
Contract, receipts in fulle in lieu id inrfull; an and thatallotheriyindel indebtedness connected
with the
have been aid, and a consent of the surety to final payment the
with the Work has been p and the final bill of materials, if required, and
final corrected as -built drawings;
invoice. completion thereof is
completed, full comp
5.3 m after the Work hbeen substantially and Without LT NT so
lf,materially delayed through no fault of CONSULTANT, and CONSULTANT so
mat Y certificate of
ng
certifies, CITY shall, upon
or
t
o
the WOrk
the
lly
Contract, make payment of the balance
shall due fbetmaadeportion
nderfthe terms f and ,
completed and accepted. Such payment
conditions governing final payment, except that it shall not constitute,a waiver of
claims.
prepared b
the
anager or his
5.4 Final payment shall be made only aflrforma� ie cif CONTRACTOR designee as
reviewed a written evaluation , of the the final payment: Theacceptanceof
the Contract Administrator, and approvedCONTRACTOR, except
final payment shall constitute a waiver of all claims by thoseP at the time of the
reviously made in strict accordance withcthell rovl tons of the General
Conditions
Cditions and identified payment.
etY CONTRACTOR
application for final aymen
City of Miami a B-40667
Flagler Marketplace Streetecap
55
Bid No. 03-04-162
6E11010. .
MI�LANE U
Contract is part of, and incorporated d ,the
enf onnract tpOocu bynt the
6.1 This all of the.
defined herein. Accordingly,
Contract Documents shall govern this Project• within the Contract
6.2 Where there is a conflict between any provision set forth ilcaact
Documents and a more stringent state or federal provision which s app
to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public nti .m
consultant or other provider, who has
accordance with the Public Crimes Act, Section 287.133, FloridaStatutes,
Inpublic
a person or affiliate who is a contractor,goods or
been placed on the convicted vender nfi � following
� �a� to conviction
ovldeoa for ap
entity crime may not submit a bid
services to the CITY, may not submit a bid on a contract with the. submitot o bids
or'public work, may
onleaesconstruction or repair of a tpo the CITY, may not be awarded or perform work
s leases of real property a contract with
contractor, supplier, subcontractor, or consultant
het CITYrin excess of the
asp not transact any business
the CITY; and may provided in Section 287.017, Florida Statutes, for
categoryd on h
threshold amount P of 36 months from the date of being p
two purchases for a periods Contractor shall result in
convicted vendor list.
iurchase and ation of imay cresultn Contractor debarment.
cancellation of the CI p
6.4 Inds code t R act shall bet subject to the
TRACTOR is an independent contractor a dear hContract. Services
CONTRACTOR CONTRACTOR pursuant to
provided by in providing such services, neither
supervision of CONTRACTOR.employees, or agents CONTRACTOR nor its agents shall act as officers, of
partnership
the CITY. This Contract shall not constitute or make the parties a
or joint venture.
6.5 Third Part Beneficia ies agree that there are no
CONTRACTOR nor CITY intends to diaries substantially benefit a
Neithershalle no
third party by this Contract: Therefore, the p
be
third party beneficiaries to this Contract
of them based third
upon+ his Contract•
entitled to assert a claim against eitherthat It is not their intent to create any
The parties expressly acknowledge
ri hts or obligations in any third person or entity under this Contract.
9
6.6 Not9.a desires to give notice to the other, such notice must be
Whenever either party in writing, sent by certified United States Mail, postage prepaid, return receipt
r b hand -delivery with a request for a written receipt of
requested, o Y
56
Bid No.03-04162
City of Miarnl a 0.t0687
Flagler Marketplace Streelscap
acknowledgment of delivery,
addressed to the party for whom it is intended at
the place last specified. The placer giving
in the manner r prll ovdediirt this sen the rction.
as
set forth herein until changed inwriting
For the present, the parties designate, the following:
o Cf
Director, Capital Improvements and Transportation
444 SW Second Avenue, loth Floor
Miami, FL 33130
Wth copies to:
Capital Improvements and Transportation
4,44 SW Second Avenue, 8th Floor
Miami, FL 33130
Attn: Contracts Administration
o C:ont ct0
Jorge Munilla, President
M.C.M. Corporation
6201 SW 70th Street, 2nd Floor
Miami, FL 33143
6.7 Assi • nment and Performance be
Neither this Contract nor any interest headdit on,in shall
CONTRACTORshalltransferred,
not
encumbered by either party. subcontract any portion of the work required by this Contract except as
CTOR
authorized by Section 27 of the G eselFvCcoesdrelquired byOth s�Contract
represents that all persons delivering the training, experience, education, or a
have the knowledge and skills, either by perform education,
the duties,
combination thereof, to adequately. and competently ok and to provide and
obligations, and services set forth in the Scope
of 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 respect !m and final prod ct{s) provided to
e manner. The quality e of
CONTRACTOR'S performance and all mten
or on behalf of CITY shall be comparable to the best local and national
standards.
6.8 M ran and Waiver of Breac and important to the
CITY and CONTRACTOR agree that each requirement, duty, and obligation
set forth in these Contraac�D Documents
is a material is a�ate m hereof.
formation of this Contract ,
57
Bid No. 03-04-162
City of Miami
Rapier Marketplace Streetscape 8-40667
CITY's failure to enforce any provision of this Contract shall not be
deemed a waiver of such provision or modification
t shall of tna# behis odea ed a
ntract. A
waiver of any breach of a provision of this ont a
waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Contract.
6.9 InSeveranceportion of this Contract is found by a court of competent
jtheurisdiction to be invalid, event a p the remaining provisions shall continue to be
s
o
this
t.
effective unless CITY or CONTRACTOR aeie sed u ton terminate
this provision on ract.
An election this after the finding by the court becomes final.
made within seven (7) days
6.10 ice I aw and V nu
This Contract shall be enforceable in Miami -Dade cCounty, thenforcement If
legal action is necessary by either party P
any or all of the terms or conditions
Countyrein FlorusiveidaeBy entering
nue for the
enforcement of same shall lie in Miami -Dad,
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 thto
e
Project. CONTRACTOR shall specifically
bind all party shallubear bcontthel� rs own
the provisions of this Contract.
attorney's fees.
6.11 end e the No modification, amendment,, or alteration
nits ticontained in a wsritten documentitions
contained herein shall be effective
prepared with the same or similar formality as this Contract and executed
by the City Manager and CONTRACT
6.12 Prior A reements includes
This document incorporates andall
landrio understalndings
correspondence, conversations, agreements,
applicable to the matters containedherein rnderthe
a:�d parties
conl:erning the
hat there
are no commitments, agreementsined in this document
subject matter of this Contract that are nt deviationafrom the terms hereof
Accordingly, the parties agree that no
shall be predicated upon any prior representations or agreements,
whether oral or written. It is furtheconditions contained he agreed that no tin sationhelf
amendment or alteration in the terms or
be effective unless. set forth in writing in accordance with Section 6.11
above.
58.
Bid No. 03-04-162
City of Miami
Flagler Marketplace Streetacape 8-40667
s
WITNESS WHEREOF, the parties have set their hands and seats
IN and yearc above
parties have set their hands and seal the day
"City"
CITY • F MIAMI, municipal corp
of the tate of F on
By:
Priscilla A. Thompson, City Clerk Joe rrioIa, City Manager it.,#/G
46/"Contractor"
M.C.M orporation, a for p o o o�
corpora + on of the State of
ATTEST:
Print ame: ICI vain r 1p--
Title: Corporate Secretary
APPROVED AS TO FOR AND
CO . RE;-TNESS:
.F
City • ome
OLIOtO
n Name: Jorge Muniiia '
Title: President
APPROVED AS TO INSURANCE
REQUIREMENTS:
b11444:41., '
Dania Carrillo
—Risk Management Administrator
/ 8 cot
THE CITY REQUIRES TWO (2) FULLY -EXECUTED CONTRACTS FOR DISTRIBUTION.
59
Bid No. 0344-162
City of Miami B-4D867
Flagler Marketplace Streetacape