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HomeMy WebLinkAboutexhibit 3- contractCONTRACT This AGREEMENT, made and entered into this day of ,A.D., 2004, by and between the City of Miami, Florida, a municipal corporation of the State of Florida, party of the first part, (hereinafter sometimes called the "City"), and ENVIRONMENTAL PERFORMANCE SYSTEMS. INC. Party of the second part (hereinafter sometimes called the "Contractor") WITNESSETH: That the parties hereto, for the considerations hereinafter set forth, mutually agree as follows: ARTICLE 1. SCOPE OF THE WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by the Contract Documents, for the project entitled: CITYWIDE STORMWATER OUTFALLS/BAFFLE BOXES CLEANING PROJECT, B-5714 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 and other Contract Documents, the sum of $346,867.00), THREE HUNDRED FORTY SIX THOUSAND EIGHT HUNDRED SIXTY SEVEN DOLLARS AND 0 CENTS ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications," 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 ten (10%) percent of the amount of such estimate, which is to be retained by the City until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the City. (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 Contactor shall commence the work to be performed under this Contract within the number of consecutive days after the date of written notice from the Director of the Department of Capital. Improvements to begin work as noted in the Proposal, and shall fully complete the Contract in accordance with the Contract Documents within the number of working days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is the essence of this Contract, 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 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 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, 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 hereto attached, or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND CONTRACT PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: As prepared by: PUBLIC WORKS DEPARTMENT Entitled: Citywide Stormwater Outfalls/Baffle Boxes Cleaning Project, B-5714 2 s..a..r �aaavaaaa y 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*. THE CITY OF MIAMI, FLORIDA Party of the first part ATTEST: BY: Joe Arriola City Manager Priscilla A. Thompson City Clerk WITNESS: (If Corporation, CONTRACTOR: Attach Seal and Attest by Secretary) (SEAL) Party of the second part BY: (Title) (Employer Tax I.D. Number) RESOLUTION NO. APPROVED AS TO INSURANCE REQUIREMENTS: Risk Management APPROVED AS ENGINEERING: APPROVED AS TO FORM AND CORRECTNESS: Stephanie N. Grindell, P.E. Director Department of Public Works Alejandro Vilarello City Attorney *IN THE EVENT THAT THE CONTRACTOR. IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART 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. 3