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 HORIZON CONTRACTORS ,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:
"GRAND AVENUE IMPROVEMENT PROJECT. B-40680 Vortnerly B-4668)", 2nd
Bidding, MIAMI-DAQE COUNTY PROJECT # 651022.
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 ($3,884,011.00), Three Millions
Bet Hundred Eel)/ Four Thousand and Eleven 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 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.
WSR
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, bi t will be
the liquidated damage that City will have sustained in event of such default by the
Contractor.
ARTICLE 5. ADDITION,AL 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: Civil Works. Inc. for Miami -Dade County Public Works
Entitled. "Grand Avenue Improvement, B-40680 (formerly D-4668). 2"d
$idding, Miapi-Dade County Project # 651022"
2
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
A'I'I'EST: BY:
Joe Arriola
City Manager
Priscilla A. Thompson
City Clerk
WITNESS: (If Corporation,
attach Seal and Attest by Secretary)
(SEAL)
RESOLUTION NO.
CONTRACTOR:
Party of the second part
BY:
(Tide) •
(Employer Tax I.D. Number)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Dania F. Carrillo Administrator of
Risk Management
APPROVED AS ENGINEERING: APPROVED AS TO FORM AND
CORRECTNESS:
Mary Conway, P.E. Alejandro Vilarello
Director of C.I.P, Department 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 50
IN ITS BEHALF.
3