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This AGREEMENT, made and entered into this_ day of)'V.VIOL , A.D., 2003, 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 SHORELINE,
FOUNDATION. 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:
B TE 1 P
3293
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 (S 6,606,846.46 ).
Six Million Six Hundred Six Thousand Eight Hundred Forty Six Dollars and Forty _Su 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 1e 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 Contract 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 frve (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: Edwards & Kelcey. Inc.
Entitled: Bicentennial Park Shoreline Stabilization,
Phase I, Project B-3293
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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 M . i; FLORIDA
Party e first
(SEAL)
Priscilla A. Thompson
City Clerk
WITN (If Corporation,
and Attest by Secretary
Barry Reed
Secretary
RESOLUTION NO. 04-n1 n7
BY:
Joe Arriola
City Manager
`J
CONTRACTOR: Shoreline Foundation, Inc.
Party of the second part
BY: S. Michael Betancourt
Vice Present
(Title)
59-259599_.
(Employer Tax I.D. Number)
APPROVED AS TO INSURANCE
REQUIREMENTS:
srat.k.bt, CA-INtAL
Dania F. Carillo , Administrator , Risk
Management
APPROVED AS TO ENGINEERING' APP'� FORM, ,AND
; ec.
urge C. Cano, P.E.
Director
Department of Capital Improveme
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Ian ' o Vilarello
ity Attorney
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