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
T.J. Pavement Corporation
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:
Bryan Park Right -of -Way Improvements, B-30303
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 $125,676.00,
One Hundred Twenty Five Thousand and Six Hundred and Seventy Six
Dollars and No 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 10a 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.
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ARTICLE 4. TIME OF COMPLETION: The Contractor 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: The City of Miami and Kimley-Horn and Associates, Inc.
Entitled: Bryan Park Right -of -Way Improvements, B-30303
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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 1.D. Number)
RESOLUTION NO. APPROVED AS TO INSURANCE
REQUIREMENTS:
Dania Carrillo, Administrator
Risk Management
APPROVED AS ENGINEERING: APPROVED AS TO FORM AND
CORRECTNESS:
Mary H. Conway, P.E.
Director
Departnients of Capital Improvements
and Transportation
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.
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