HomeMy WebLinkAboutContract00600. COIfTRkCT
CONTRl4CI
THIS IS A CONTRACT, by and between the City of Miami, a polltical subdivision
of the State of Florida, hereinafter referred to as CITY, and M.C.M%
CORYORATION , hereinafter referred to as CONTRACTOR.
W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTIC141
• SCOfE.Of WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described iri the Contract
Documents and related thereto for the Project. •
ASTIC1E Z
2.1
CONTIQT J?ME
CONTRACTOR shall be, issued a Notice of Award by the Contract Administrator.
CONTRACTOR shall commence scheduling activities, permit applicationsand
other preconstructian work within five (5) calendar days after receipt of the Notice
of Award. The Notice 10 Proceed and PurchaseOrder will not be Issued until
CONTRACTOR's submission, to CITY of ail required documents (including but
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 mobillte on the
Project site and commence with physical construction of the work. The
CONTRACTOR shell submit ell necessary documents required by this
provision within fifteen (16) calendar days of the issuance of the Notice
of Award.
61
City of Miami
Hagler Marksiploea Sirootscape t34O 61
•
Old No. 03.04.162
2,2 Time is of the essence throughout. this Contract. The Work shall be
substantially completed within three hundred twelve (312) calendar days
from the issmance of the Notioe to Proceed, and completed and ready for
final payment in accordance with Article 5 within forty-five (45).calendar
days from the date certified by CONSULTANT as the date of Substantial
Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract
within the specified period of time, plus approved time extensions of
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
.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
CITY the sum of two hundred fifty dollars ($25O.00) for each calendar
day after the time specified in Section 2.2 above;, 'plus any approved
extensions, for completion and readiness for, final payment. These
amounts are not penalties but ere 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 shell apply separately 10 each
• portion of the Project for which a time for completion Is given.
2.4 .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 sale discretion, deem Just and,reasonable.
. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, inaddition to
liquidated damage,, for all costs incurred • by CONSULTANT in
administering the construction of the' Project beyond the completion date
specified In Section 2,2, 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 of the Contract Administrator. Ali 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.
52
City or Miami
Sigler Markt tpisos SlrNlscapa B 4O 67
Bid No. OS.O4-1e2
2.8 NO DAMAGES FOR DELAY. Except as expressly allowed and limited by
Section 41 of the General Conditions , 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 typeclaims, incurred
by subcontractor arising out of or In any way associated with the
performance of thls Agreement.
ARTICLE 3 .
THE CONTRACT SUM
This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total
number of each of the units of ,work completed at the unit prloe stated In
the schedule of prices bld. The number of units contained in thls schedule
Is an estimate only, and final payment shall be made for the actual number
of units incorporated In or made necessary by the Work covered by the
Contract Documents.
"Payment shall be made at the unit prices applicable to each integral part
of the Work. . These prices shall be full compensation for all coats,
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 unit price shalt be Included In the Contract unit price or
lump sum price to which the item Is most applicable.
53
ay of MI nil
"Sigler Mularpi000 Sfrealecape B-40e0f
Ella No. O3-04.192
ARTJQLE 4
PRQC3f3ESS Pe4YMENT4
4.1 CONTRACTOR may make Application for Payment for work completed
during the Project at intervals of not more than once a month.
CONTRACTOR'S application shall show a complete breakdown of the
Project components, the quantities completed and the 'amount due,
together with such supporting evidence es may be required by
CONSULTANTCONSULTANT may require the amount due, together with
such supporting evidence a* CONTRACTOR shell include, but same shall
be limited to, at Consultant's discretion, with each Application for Payment,
an updated progress schedule acceptable to CONSULTANT as required
by the Contract Documents and a release of liens and consent of surety
relative to the work , which Is the subject of the Application 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 en acceptable updated
progress schedule.
4.2 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 6 hereof, except that after ninety percent (80%) of
the Work has been completed, the Contract Administrator may reduce the
retalnage to five percent (5%) of all monies previously earned end ell
monies earned thereafter. Any reduction In retainage shall be In the sole' '
discretion of the Contract Adminlatrrator, shall be 'recommended by
CONSULTANT and CONTRACTOR shall have no entitlement to a
• reduction, Any Interest earned on retainage shall accrue tb the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate
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.
4.3.2 Claims tiled or reasonable. evidence Indicating probable tiling of
claim* by other parties against CONTRACTOR or CITY because
of CONTRACTOR'S 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
CNy of Miami •
Fispfer Merkeiplua Strestscaps B-40667
BId No. 03-04.162
4.3.5 Liquidated damages and costs incurred by CONSULTANT for.
extended construction administration:
4.3.6 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 pert.
ART1cLE
ACCPTANCEAND f^INAi. PAYMENT
5.1 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 Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, end ell conditions of the
permits and regulatory agencieshave been met, a Final Certificate of Payment
. (Form 00928) shall be issued by CONSULTANT, over its signature, staling that
the requirements of the Contract Documents have bean performed and the Work
is ready for acceptance under the terms and conditions thereof. •
5.2 Before issuance of ,the Final Certlflasta for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of ail liens arising out of this
Contract, receipts in full. in lieu thereof; en affidavit certifying that all suppliers and
subcontractors have been paid In full and that all other Indebtedness connected
with the Work hes been pail, and a consent of the aunty to final payment; the
final corrected as -built drawings; and the final bill of materials, if required, end
invoice.
5.3 if, after the Work has been substantially completed, full completion thereof IS
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shell, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Week fully •
completed and accepted. Such payment shell be made under the terms and
conditions governing final payment, except that It shall not constitute,* waiver of
claims.
5A Final payment shell be made only after the City Manager or his designee hes
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment The..acceptence 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. .
58•
City of Mimi B(d No. 0344-762 ,
Floater Marketplace Streetscapa B-40857
IMMIX a.
MI$CEL,LANSOU5
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 ast 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.
6.3 Public Entity Crimea
in accordance with the Public Crimes Act, Section 267,133, Florida Statutes,
a person or affiliate whois a contractor, consultant or other provider, who has
' been placed on the convicted vendor fist 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 nol 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
es 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 207.017, Florida Statutes, for category
• two purchases fora period of 36 months from the date of being pieced on the
convicted vendor list.. Violation of this section by Contractor shall result in
• cancellation of the CITY purchase and may result In Contractor debarment.
6.4 . Inglepencient CQnjrector .
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 shell act as officers; employees, or agents of
the CITY. This Contract shall not constitute or make the parties a partnership
or joint venture.
6.6 Third Pam Be►teflcjeriee
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 ho 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. '
6.6 Notion
Whenever either party desires to give notice to the other, such notice moat be
in writing, sent by certified United States Mali, postage prepaid, retum receipt
requested, or by hand -delivery with a request for a written receipt of
My of MMIMI
na ierMsrkstpalcestreetsespea-40e57
56
Old No.03•04-1a2
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 patties designate, the following: •
For QITV:
Director, Capital Improvements and Transportation
444 SW Second Avenue,10th Floor
Miami, FL 33130
V1ittl mores to:
Capital Improvements and Transportation
444 SW Second Avenue, 8Ih Floor
Miami, FI.33130
Attn: Contracts Administration
For Contractor:
.Jorge Munifta, President
M.C.M. Corporation
8201 SW 7Oth Street, 2,,d Floor
Miami, FL 33143
•
6.7 bsskinment and .P L1orrn_ance
Neither this Contract nor any interest herein shell 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 Section 27 of the General Conditions, CONTRACTOR
represents that ell persons delivering the swims required by this Contrsot
have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform the duties
obligations, end servicei set forth in the Scope of Work and to provide and'
perform such services to CITY's satisfaction for the agreed compensation. •
CONTRACTOR shell 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 beat local and national
standards.
6.8 Materiality anii Waiver of Breach
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.
57
CMy ar Miami Ord No. 03-04462
F+.gler Masketleo. Streat.cap• 6-43687
CITY's failure to enforce any provision of this Contract shall net be
deemed a waiver of such provision or modification of this Contract. A
waiver of any breach of a provision of this Contract shell not be deemed a
waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Contract.
6.9 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.
6.10 Aopllcable Law end Yana
This Contract shall be enforceable In Miam1-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 of 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.
8.11 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.
8.12 PriorAareements
This document incorporates and Includes ail 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 egreed that no modification,
amendment or alteration in the terms or condition contained herein shall
be effective unless' set forth in writing 1n accordance with Section 8.11
above.
68
City of Miami
F►ogl.r Mnrkeipleoe 8traelecape 840607
Ala No. 03.04.15
1#
IN WITNE8: WHEREOF, the parties have set their hands and deals
parties have set th r hands and seal the day and year first above written.
ATT T:
r�%1 ris4Illa A. Thomp • n, City Clerk
'� "Contractor"
M.C.M orporation, a for
ATTEST: ;, corpora on of the State of
Print lame: •)i uni)l..
This: Corporate Se rotary
APPROVED AS T
CO RE TNESS:
Jo e .
City o
4o(.4a10
FOR
AND
CITY
of th
F MAMi,
tate of F
net ,
municipal co
art.
rriola, City Ma age
APPROVED AS TO INSURANCE
REQUIREMENTS:
/2-1001
panic Carrillo
isk Management Administrator
THE CRY REQUIRE - TV (2) FULLY -EXECUTED CONTRACTS FOR DISTRIBUTION.
Clly of Mama
Flocirr MRrkotpl.crr Sir, craps B•411167
59
MI No. 03-04-162