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HomeMy WebLinkAboutPre- Attachment00600 CONTRAST 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 WILLIANM§ 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 Projects Phase I & II Project/Bid Numbers: Projects B•50686, Bid No. 04-05-129 (hereinafter referred to as "Project") WITNESS ET H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 �QOPE OF WAS Contractor hereby agrees to furnish all of the eork de nbedainttheuipment services and Cont act Documents Incidentals necessary to perform all of the w and related thereto for the Project(s), ARTIQLE Z CONTRACT TIME 2,1 Contractor shall be issued a Notice of Award bya hit a ntr ctio dmindtother Contractor shall commence scheduling activities, p pP precons#ruction work within five (5) cale�ndar days Orderafter w will not be hssuedNotice unt f of Award. The Notice to Proceed and Purchase not Contractor's submission to City of allrequired documents aar �� �� (including andtafter limited to: Payment and Performance Bonds, 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 ail 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 QAMAGES 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. ARTJGLE 4 NO DAMAGU 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. ARTICL_5 THE CONTRACT SUM 5,1 Thi§ is a Fixed Price, not to Exceed Contract with payments based on line item pri_cina. 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 stated or shown, or both, in the Contract Documents. The cost of any item of Work not covere in the line item pricato which by a definite the item lsot line mosi item price , should be included applicable. ARTICLE 6 p YMANTS 6.1 Contractor may make Application for Payment for Work completedduring the Project at intervals of not more than once a, month. Separate Applications ica for 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 withinwtwenty- five (25) days after approval by Consultant of Contractor's Application or Payment and submission of an acceptable updated progress schedule. 6.2 Ten percent (1O%) 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 live percent (5%) of all monies previously earned and all monies earned thereafter, Any reduction in retainage shall be in the sole discretion Cs shailtract ha a dnoinenfalementatoll ba recommended by Consultant and Cot actor • • • 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. RTICL,g 7 ACC 6PTANCg_ AND FINAL " ►� _ k 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 end 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 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. 7.4 Final payment shall be made only after te city Manager or his designee has of Contractor prepared by the reviewed a written evaluation of the performance 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 CON RAQT HIERARCHY 8.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract 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, ART1QLE 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 busine�{${ I`� the oCr � City 9excess pu�chthreshold s e � Aida amount provided in Section 287.017, Florida • • 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. ARTICLE0 INDEPENDENT 0NTRACTOR 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. 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 he 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 1? 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, returnreceipt requested, or by hand -delivery with a request for isintended at th a eplace last specified. tof gmet of delivery, The place for addressed to the party for whom it 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 etgq SW 2nd Avenue 10th Floor Miami, FL 33130 With copies to: Department of Capital Improvements and Transportation City of Miami 444 SW 2nd Ave., 8th Floor Miami, Florida 33130 For Contractor: Mr. Jose RodSiauez-President Mains Pavin❑ Co.. Inch 11390 N.W. South Myer Drive MedJev,Floridg33178 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, , educahe tion, or a combination thereof, to adequately and competently perform obligations,and services set forth in the theeof agreedork and to ampensatlponVide and perform such services to City's satisfaction fo 13.2 Contractor shall perform Its duties, obligations, and services under this Contract 1n a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided d to or on behalf of City shall be comparable to the best local and national A MATEjtitkLITY AND W61VER QF BREACH 14.1 City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial hereof, important to the formation of this Contract and, therefore, is a material ter 14.2 City's failure to enforce any provision of this Contract shalt 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 bs deemed amodification of the terms of this equent breach and shall not be construed t Contract. • AA Ei SEVER in the event a portion of this Contract is found ba court of petent unless City orr to be invalid, the remaining provisions shall continue to be effective Contractor elects to terminate this Contract. Withielection sei�ar� (7)tdays after the erminate this Contract based upon this provision shall be made finding by the court becomes final. • APPL AB ND VEN Thial s Contract shall be enforceable in Miami -Dade County, Florida, lo id , andy ifor algal action is necessary by either he herein exclusive venue for thewith respect to the enforcementof same shall the terms or conditions fie in Miami -Dade County, Florida. By entering party o this ,a trial ractor and by jury or City hereby expressly waive any rights eitherp Y may have to to file permissive counterclaims in any civil lifnd e 1 subcontracto son related to, to thearising prov alone the Project. Contractor shall specifically'aieblown attorney'e fees. of this Contract, Each party ARILLE 77 AMEN.Q.biala No modification, amendment, or alteration in theater terms or conditions ument prepared scnt hued herein shall be effective unless contained in a h the same or similar formality as this Contract and executed by the City Manager and Contractor. RTC 'i ERS_ELLQUEMENTS This document incorporates and includeslrrnegotiations, torr the matters conversations, agreements, and understandingsno commitments, contained herein and the parties agree that matterare of this Contract that agreements or understandings concerning the subjectthe parties agree that at are not contained in this document. Accordingly, riot no deviation from the terms hereof orlal or written. furd ther agreedon any that representations or agreements, whether no modification, amendment or alteration in the termscordcnce ionswith contained 1 d herein shall be effective unless set forth in writing above. • • IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year here written , 200E (effective date). "City" City Of Miami, a municipal ATTEST: corporation ey: 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 REQUIREMENTS:. O INSURANCE CORRECTNESS: Jorge L. Fernandez Risk Management Administrator City Attomey Dania Carrillo THE CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.