HomeMy WebLinkAboutexhibit 3-contractCONTRACT
This AGREEMENT, made and entered into this day of , A.D.,
o of
2004, by and between the City of Miami, Florida, a municipal corporation of the
Florida, party of the first part, (hereinafter sometimes called the "City"), and
ONE CROW. TNC,
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: TheContractormnner and form provided by
materials and equipment and perform all the workin
the Contract Documents, for the project entitled:
OVERTOWN STORMWATER PUMP STATION UPGRADES (3RD BIDDING). B-
5650D
ARTICLE 2 THE CONTRACT SUM: The City
e shall pay
Unit d States, nd subjecto the Contractor, for t he
faithful performance of the Contract, in lawful y
additions and deductions and based on unit prices
(where
re applicable),
pl cabl ),0 all as provided in
the Proposal and other Contract Documents, sum (If
)
Two Hundred Eighty Six Thousand 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 106 day of each calendar of a dulycertified month, the City andmake
appro d
payments to the Contractor on the
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
until such work has bwork has been een accepted by
d strictly in
accordance with this Agreement a
the City.at
(b) Upon submission by the Contractor costs evidencesatisfactory
f by the Contractor
all payrolls, material bills and other
connection with the construction of the work have been paid in full, and
also, after all guarantees that may be requited in the Specifications or by the
Contractor have been furnished and are found acceptable by the City, sixty final
payment on account of this Agreement all work covered within shall be made this Agreement
ys
after completion by the Contras
and acceptance of such work by the City.
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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, k that not�com e is the
within thetimeherein
s Contract,
and, in the event that construction of theP
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, ustained ins event of such default is not a penalty, but will
the
be
the liquidated damage that City will have_
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
ry to due the City
der thisn
such event, no further payment to the Contractor shall be deemed
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 G, CONTRACT DOCUNENTS: All
f the Contract as f hereto attached,
ents hereinafter
listed form the Contract and they are as fully as part
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: B-5650D
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day and date first above writtenin five (5) counterparts, each of which shall, without
proof or accounting for the other counterparts, be deemed an original contract'.
(SEAL) THE CITY OF MIAMI, FLORIDA
Party of the first part
A'1't'EST: BY:
Joe Arriola
City Manager
Priscilla A. Thompson
City Clerk
WITNESS: (If Corporation, CONTRACTOR:
Attach Seal and Attest by Secretary)
RESOLUTION NO.
Party of the second part
BY:
(Title)
(Employer Tax I.D. Number)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Diana Carrillo, Administrator
Risk Management
APPROVED AS ENGINEERING: APPROVED AS TO FORM AND
CORRECTNESS:
Stephanie N. Grindell, PE
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.
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