HomeMy WebLinkAboutExhibit 300600 CONTRACT
THIS IS A CONTRACT, dated as of the day of
2006, by and between the City of Miami, a political subdivision of the State of Florida,
hereinafter referred to as City, and Sanchez Arango Construction, 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): Traffic Circles and Street Barriers Maintenance Contract — Seconc
Bidding
Project/Bid Numbers: project B-30370, Bid No. 05-06.065
(hereinafter referred to as "Project")
WIT 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
incidentals necessaryagrees labor,
to perform all of the Work described in the Contract Documents and
related thereto for the Work.
ARTICLE 2
CONTRACT TERM
2.1 Contractor shall be issued a Notice of Award by the Contract Administrator.
Contractor shall commence scheduling activities, permit applications and other pre -
commencement 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 not limited
to: Payment and Performance Bonds, and Insurance Certificate) and after
execution of the Contract by both parties.
2.1.1The receipt of all necessary permits by Contractor and acceptance of the
maintenance schedule in accordance with the Contract Documents is a
condition precedent to the issuance of the Notice to Proceed and
commencement of the physical Work. The Contractor shall submit all
necessary documents required Contract Documents required for
issuance of a Notice to Proceed within fifteen (15) calendar days of the
Issuance of the Notice of Award.
2.2 The initial term of this contract Is for a two (2) year period and shall commence ten
(10) calendar days after a Notice to Proceed. The City, at its sole discretion, may
opt to renew (OTR) the Contract for three (3) additional one year terms pending on
the availability of funding and contractors performance.
ARTICLE 3
NO DAMAGES FOR DELAY
In the event of any delays to the Work, the Contractor's sole remedy shall be to seek an
extension of time to perform the Work 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 Contract.
ARTICLE 4
THE CONTRACT SUM
4.1 The TOTAL BID in the amount of Eight Hundred Eighty Two Thousand Four
Hundred Sixty Dollars and No Cents ($882,460) is a Fixed Price. not to Exceed
Contract with pavments based on line item pricing based on a two year term and art
annual amount of $441,230.
4.2 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 covered by a definite Contract line item price should be
included in the line item price to which the item is most applicable.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Contractor may make Application for Payment for Work completed during the prior
month. Contractor's Application for payment shall show a complete breakdown of
the Work tasks completed by site, the amount due for each task, together with such
supporting evidence as may be required by City. Each Application for Payment
shall be submitted in triplicate to the Project Manager for approval. City shall make
payment to Contractor within thirty (30) days after approval by the City of
Contractor's Application for Payment.
5.2 Contractor shall submit load tickets and release of liens from subcontractors with
the Applications for Payment. Failure to include such documents will result in the
reject of line item payment within the Application for Payment rejection of the entire
Application for Payment.
5.3 City may withhold, in whole or in part, payment to such extent as may be necessary
to protect itself from loss on account of:
5.3.1 Rejected Work not remedied,
5.3.2 Claims filed or reasonable evidence indicating probable filing of claims by
other parties against Contractor or City because of Contractor's
performance.
5.3.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
5.3,4 Damage to another contractor not remedied.
5.3.5 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.
ARTICLE 6
CONTRACT HEIRARCHY
6.1 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.
6.2 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
the Contract Documents, the more stringent provision shall prevail. The order of
hierarchy within the Contract Documents shall be the Contract, Scope of Work,
Supplemental Conditions, General Conditions, and last shall be the Instructions to
Bidders.
ARTICLE 7
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 8
INDEPENDENT CONTRACTOR
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 9
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 10
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:
Stephanie Grindell, P.E.
Director of Public Works
444 SW 2nd Avenue
8th Floor
Miami, FL 33130
For Contractor:
Sanchez Aram Construction
8651 NW 70 Street
Miami, FL 33166
ARTICLE 11
ASSIGNMENT AND PERFORMANCE
11.1 Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any
portion of the Work required by this Contract except as authorized by Article 32 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.
11.2 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 12
MATERIALITY AND WAIVER OF BREACH
12.1 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.
12.2 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 13
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 14
APPLICABLE LAW AND VENUE
This Contract shall be enforceable in Mlami-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 Ile
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 15
AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained,
herein shall be effective unless contained In a written document prepared with the
same or similar formality as this Contract and executed by the City Manager and
Contractor.
ARTICLE 16
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 no deviation from
the terms hereof shall be predicated upon any prior 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 15 above.
IN WITNESS WHEREOF, the parties have set their hands and seals on the day
and year first above written.
ATTEST:
"City"
City Of Miami, a municipal
corporation
By:
Priscilla A. Thompson, City Clerk ' a, City Manager
ATTEST:
(Public Notary)
"Contractor"
a corporation
By:
Print Name: Print Name: Rouget Sanchez
Title: Title: President, Sanchez Arango Construction
APPROVED AS TO FORM AND APPROVED
D AS TO INSURANCE
CORRECTNESS:
Jorge L. Fernandez Risk Management Administrator
City Attorney
APPROVED AS OF ENGINEERING:
Stephanie N. Grindell, P.E.
Director
Public Works Department
Resolution No.
THE CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.