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This AGREEMNT, made and entered into this d
F.ay of &e.. 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 MgF CONSTRUCTION,
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:
"Road Rehnibilitadon Project, B-4656"
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 ($1,595,658.00), Oru Mrllran
r` Five Hund>rd Nitta fy Fitt Tbswand Six Homdrid,Fitu Eghl Dollars and Non Cents •
ARTICLE 3. PARTIAL AND FLNAL PAYMENTS: in 'accordance with the
provisions frilly 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 10' 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 (100,4) 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 bl]Is and other costs incurred by the Contractor in
connection with the construction of the work have been paid in full, and
also, after ai guarantees that may be required in the'Specifications or by the
Contractor have been furnished and axe 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. 'ENE QF CQMPLETION; 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.
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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 of mutually agreedbetween
the
parties hereto, that if, at any time after the execution Agreement
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 pocumENTs. All of the documents hereinafter
listed form the Contract and they are as fully as'p'art 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: Pepartment,Qf Capital Imglovcme1ts
Entitled:
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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, ■ -' . A
P .•f the first
AT'TE .
4/:///!7/..1;eii.24-2v
Prisc�a A. Thom
floc
City Clerk
WITNESS: (If Corporation,
attach Seal and Attest by Secretary)
SEAL)
RESOLUTION NO. 03-926
APPROVED AS ENGINEERING:
Jorge C. Cano, P.E.
Director
Department of Capital Improvements
B
Joe Ar iola
City Manager,
CONTRACTOR
• M € - i402 CTi o N
Party f the second part
BY:
(Title)
(Employer Tax I.D. Num
APPROVED AS TO ]NSU E
REQUIREMENTS:
, 1: -0
4iskMo. U eat
i;oton-
APPR s}' ! TO FORM AND
CO S«' ESS:
Vilarello
City Attorney
'IN TIE 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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