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HomeMy WebLinkAboutExhibit 300600 CONTRACT THIS IS A CONTRACT, dated as of the day of 2005, by and between the City of Miami, a political subdivision of the. State of Florida, hereinafter referred to as City, and WILLIAMS PAVING CO., INC., hereinafter referred to as Contractor. RECITAL WHEREAS, the City Commission, or the City Manager, as applicable, has awarded the Contract to the Contractor for the Project entitled: Project Name(s): Avalon Storm Sewers Project, Phase I & II Project/Bid Numbers: Projects B-50685, Bid No. 04-05-129 (hereinafter referred to as "Project") W 1 T N E S S ET H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all hehe labor, work descnbedam,theuipment services and Cont act Documents incidentals necessary to perform ail of and related thereto for the Project(s). 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 ail required documents (including but not 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. 2.2 Time is of the essence throughout this Contract. Project Work shall be performed concurrently for both Projects. The Work and Project Closeout shall be completed within three hundred sixty five (365) calendar days from the issuance of the Notice to Proceed, and ready for final payment in accordance with Article 7. Where the City only awards one of the two Packages the time for completion shall be 365 calendar days from issuance of the Notice to Proceed. ARTICLE 3 LIQUIDATED DAMAGES 3.1 Upon failure of Contractor to 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 Final Completion. 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. 3.2 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_ 3.3 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 plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request from 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. ARTICLE 4 NO DAMAGES FOR DELAY 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 type claims, incurred by Contractor arising out of or in any way associated with the performance of this Agreement. ARTICLE 5 THE CONTRACT SUM 5.1 This is a Fixed Price, not to Exceed Contract with payments based on Tine item pricing. The total amount shall not exceed $3,094,286,00. 5.2 Payment shall be paid based on the line item prices stated in the Contract for Work actually performed. Payments 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 Weak not covered by a ted or shown, ordeli Hite Con#th, in the Cracttline Documents. The cost of any item item price should be included in the line item price to which the item is most applicable. ARTICLE 6 PROGRESS PAYMENTS 6.1 Contractor may make Application for Payment for Work completed duri the Project at intervals of not more than once a month. Separate Applications Payment must be submitted for each Package. Contractor's Application for payment 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 Consultant shall include, but is not limited to, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a partial release of liens or consent of Surety relative to the Work, which is the subject of the Application and any other information required by the Consultant. Each Application for Payment shall be submitted in triplicate to Consultant 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. 6.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 7 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 Cont actoe halltract have Administrator, lementshall toba recommended by Consultant and 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. 6.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 6.3.1 Defective work not remedied. 6.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 6.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 6.3.4 Damage to another contractor not remedied. 6.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 6.3.6 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. 2.4 Contractor shall submit separate Applications for Payment for each Project. 2,5 Detailed information concerning the submittal of Applications for Payment is contained in the Supplemental Conditions of the Contract Documents. ARTICLE 7 ACCEPTANCE AND FINAL PAYMENT 7.1 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 Project Manager 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 for 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. 7.2 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. Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. 7,3 lf, 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 �� ands a the°r� fully and pleted and cond bons accepted.. Such payment shall governing final payment, except that it shall not constitute a waiver of claims. 7.4 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. ARTICLE 8 CONTRACT HIERARCHY 8.1 This Contract is part of, and incorporated thero document the Contract incorporated Documents by the Contract herein. Accordingly, all Documents shall govern this Project. 8.2 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. The order of hierarchy within the Contract Documents shall be the technical specifications, the drawings, Supplemental Conditions, General Conditions, and last shall be the Instructions to Bidders. ARTICLE 9 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 order and may result in Contractor debarment. ARTICLE 10 INDEPENDENT CONTRACTOR Contractor is an independent coshallrbender sub'ectis to the supery supervisionact. Services Contraprovided r. by Contractor pursuant to this ContractJ providing such services, neitherContractor Contract shallnots agents ormake the parties shall act as officers, employees, or agents of the City.T a partnership or joint venture. ARTICLE 11 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. ARTICLE 12 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 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: Mary H. Conway, P.E. Director -Capital Improvements and Transportation Department Office of the City Manager 444 SW 2nd Avenue 10th Floor Miami, FL 33130 With copies to: Department of Capital Improvements and Transportation City of Miami 444 SW 2"d Ave., 8th Floor Miami, Florida 33130 For Contractor: Mr. Jose Rodriquez -President Williams Paving Co., Inc. 11300 N.W. South River Drive Medley, Florida 33178 ARTICLE 13 ASSIGNMENT AND PERFORMANCE 13.1 Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party without the prior written consent of the other party.. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 26 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. 13.2 Contractor shall perform its 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. ARTICLE 14 MATERIALITY AND WAIVER OF BREACH 14.1 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. 14.2 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. ARTICLE 15 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. ARTICLE 16 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 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. ARTICLE 17 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless this Contract and execuntained in a writtented by the City Managerocument prepared t the same or similar formality as and Contractor. ARTICLE 18 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 prior deviation from the terms hereof shall be predicated upon any 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 Article 17 above. IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year here written , 2005 (effective date). "City" City Of Miami, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager "Contractor" ATTEST: a corporation By: Print Name: Print Name: Title: Title: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Fernandez Risk Management Administrator City Attorney Dania Carrillo THE CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.