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HomeMy WebLinkAboutContractCONTRACT for CITYWIDE STORM SEWER REPAIR PROJECT, B-30262 By and Between CITY OF MIAMI AND METRO EXPRESS, INC. This AGREEMENT (hereinafter "Agreement") , is made and entered into this I day of an A.D., 2006, but effective for one year period with option to renew for four additional one year periods pending on the availability of funding and Contractor's performance, 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. 2"d Avenue, 10th Floor, Miami, Florida 33130 (hereinafter sometimes called the "City"), and Metro Express, Inc., a Florida corporation, whose principal address is 8095 W. 21 Lane, Hialeah Florida 33016, party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No.(& - ,,4'adopted by the Miami City Commission on -IC � f ; ;� (,4� , the City Commission accepted the competitive bid of Metro Express, Irc. to provide for the storm sewer repair and maintenance services to the City, and entered into an agreement for said services with said Contractor for a period of one year, (365) calendar days with option to renew for four 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. SCOPE 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 repair and maintenance of the storm sewer system located within the City, for the Contract Term set forth in Article 7 below and for the project entitled: CITYWIDE STORM SEWER REPAIR PROJECT, B-30262 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 Six Hundred Ninety Six Thousand Eight Hundred Dollars and No Cents ($696,800). 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 less 10% retainage. (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. ARTICLE 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 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 6. 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-30262 ARTICLE 7. THE CONTRACT TERM: The original Contract Term is for one (1) year (365) 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 four (4) one year periods pending on availability of funding and Contractor's performance. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, 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) orporate Se tetary (Employer Tax I.D. Number) (SEAL) A EST: riscilla A. Thompson /? -I S- Q ' City Clerk RESOLUTiON NO. 06-0626 APPROVED AS TO ENGINEERING: Stephanie N. Grindell, P.E. Director, Public Works APPROVED AS TO FORM AND CORREC f E Jorge L. City Att Fern : nde ,i• ney CONTRACTOR: BY: I Print Name :Mc_ Print Title:��-- THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part BY: Pete Hernandez City Manager APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brehm, Director Risk Management 'BECAUSE CONTRACTOR 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.