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2025 Contract between CMB and Metro Equipment Service Inc Feb CZE Docusign Envelope ID:67028632-55AB-495F-8025-A8AC13036B40 Contract No. 24-512-01 CONTRACT APR 1 7 2025 THIS CONTRACT("Contract")is made and entered into as of the by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and METRO EQUIPMENT SERVICE, INC.(the"Contracto(): WITNESSETH, that the Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB-2024-512-DF FLAMINGO AND CITY CENTER WATER MAIN REPLACEMENT- FIRE FLOW PACKAGE NO.2 The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid are hereby incorporated by reference to the General Conditions for Construction Contracts dated April 13, 2020, and Formal Solicitation Terms & Conditions — Goods and Services dated October 27, 2022,are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Composite Attachment A (the City's General Conditions for Construction Contracts, Formal Solicitation Terms&Conditions—Goods and Services),Attachment B(Plans and Specifications, Invitation to Bid No. 2024-512-OF and all Addenda thereto), Attachment C (Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D(Insurance requirements). For the avoidance of doubt,all of the documents constituting the Contract Documents now or hereafter existing (including any Change Orders, Work Orders, Field Orders, schedules, shop drawings, issued subsequent to the date of this Contract etc.)shall govern this Project. The Anti-Human Trafficking Affidavit is hereby incorporated into this Agreement as Attachment E. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 1 Docusign Envelope ID:67D28632-55AB-495F-8025-A8AC13036840 Contract No. 24-512-01 In consideration of these premises, the City hereby agrees to pay to the Contractor for the work,when fully completed, the total maximum sum of seven million seven hundred eighty- nine thousand eight hundred ninety-two dollars ($7,789,892.00). The Contract Price consists of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid + Indemnification .. . .. . . . . .. . . ....... $6,951,720.00 Total Permit Allowance Account .. .. ... .. . . . . $10,000.00 Off-Duty Police Officer Allowance . . . ..$90,000.00 Influent Gravity Sewer Laterals Replacements Allowance . . .. .. .. . .... . . ..$30,000.00 Total Alternate Items(if applicable) NONE Total Owner's Contingency.. $708,172.00 Contract Price _.$7,789,892 00 The Contract Price,exclusive of the Owner's Contingency and Permit Allowance,includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as-built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom,even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form. The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents. Contract Time: Contract Time and Schedule Days for Substantial Completion: 350 calendar days Days for Final Completion: 65 calendar days Liquidated Damages(as applicable) Failure to achieve Substantial Completion: $2,650.00/day Failure to achieve Final Completion. $1,325.00/day [BALANCE OF PAGE INTENTIONALLY LEFT BLANK) 2 Docusign Envelope ID:67D28632-55AB-495F-6025-A8AC13036B40 Contract No. 24-512-01 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 unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: City of Miami Beach Public Works Department 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Bradford Kaine, Interim Public Works Director Ph: 305-673-7616 ext. 3541 Email: bradfordkaine@miamibeachfl qov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Ricardo Dopico, City Attorney Ph: 305-673-7000 Email: ncardodopico(admiamibeachfl,gov For Contractor: METRO EQUIPMENT SERVICE, INC. Attn: Jorge L. Godoy 9425 SW 72 Street, Suite 150 Miami, FL 33173 Ph: 305-740-3303 Email. Lontec mesinc.us 3 =M. 1 , ) Docusign Envelope ID:67028632-55AB-495F-B025-A8AC13036B40 Contract No. 24-512-01 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA B ' Z By:ir T O G a� h.Bmpdo, City Clerk Eric Carpenter City Manager RDate: APR a 7 2025 APPROVED AS TO " FORM& LANGUAGE [seal] = . ..Q.\ &FOR EXECUTION 's ttNLOtit City Aorney Date a, C►i'2 FOR CONTRACTOR: METRO E UIPMENT7ERVIC , INC. By: ti C, Name!Jo e Godo - President Date: 03/24/2025 [seal] • . ,• , • 0'.". t" I ."*.1• •`‘, -• 441 • ;* •.4 5 A