HomeMy WebLinkAboutContractCITYWIDE STORM SEWER CLEANING PROJECT — NORTH ZONE
B-50711
By and Between
CITY OF MIAMI
AND
ENVIROWASTE SERVICES GROUP, INC.
This AGREEMENT (hereinafter "Agreement") , is made and entered into this 6 1 day
of , A.D., 2005, but effective for a two year period with option to renew for two
additio al one year periods, beginning ten days after Notice to Proceed is issued by the
Departments Director, 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. 2nd Avenue, 10th
Floor, Miami, Florida 33130 (hereinafter sometimes called the "City"), and Envirowaste
Services Group, Inc., a Florida corporation, whose principal address is 5931 SW 88 Street,
Miami, Florida 33156, party of the second part (hereinafter sometimes called the "Contractor").
WITNESSETH:
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WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on
July 28, 2005, the City Commission accepted the competitive bid of Envirowaste Services
Group, Inc. to provide for the cleaning of the storm sewer infrastructure, and entered into an
agreement for said services with Envirowaste Services Group, Inc. for a period of two years,
(730) calendar days with option to renew for two additional one year periods; and
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. SCQPE 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 cleaning of the storm sewer
infrastructure located within the city, north of Flagler Street, for the Contract Term set
forth in Article 7 below and for the project entitled:
CITYWIDE STORM SEWER CLEANING PROJECT
— NORTH ZONE. B-50711
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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 Four Hundred Seventy Nine Thousand Two Hundred Seventy dollars and no cents
($479,270.00).
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.
(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
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.
ARTICL_E 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 calendar 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
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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 G. 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
PERFORMANCE BOND — Not applicable for projects under $200,000.
MAINTENANCE PERFORMANCE BOND
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
ADDENDA
PLANS: As prepared by Estevez
Entitled: B-50711
ARTICLE 7. THE CONTRACT TERM: The original Contract Term is for two years
(730) calendar days beginning ten days after Notice to Proceed is issued by the
Departments Director. The City reserves the right to renew the contract for two
additional one year periods.
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.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written in five (5) ccsanterparts, 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)
BY: )4.: i
Print Name: 4- r.- &i c „ -73, ci ti- i.
Corporate Secretary
(SEAL)
Priscilla A. Thompson
City Clerk
RESOLUTION NO. 05- 0445
APPROVED AS TO
ENGINEERING:
56\viaM-ArytV
Stephanie N. Grindell, P.E.
Director, Public Works
APPR • VED AS TO FORM AND
CO' :• �i•_
Jo : .I erna ez
City Att rney
CONTRACTOR:
Envirowaste Services Group, Inc.
A Florida Corporation
Party of the second .art
BY �-' • t.�/ rr
Print Name : r%'t a
Print Title:
d •0
(Employer Tax I.D. Number)
THE CITY OF MIAMI,FLORIDA,
a muni •al corporaj'bri,
Party o e first p
BY:
Joe A riola
City, anager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Sulk, F, tdsivtua.6
Dania F. Carrillo, Administrator
Risk Management
BECA. • •NTRACTOR IS A CORPORATION, THERE SHALL 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.
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