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HomeMy WebLinkAboutPre Contract• CONTRACT f: . This AGREEMENT, made and entered into this day ofpU.4'i . 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 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: 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: 2`22L f1RTICL 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 (S 6,ere applicable), ). all as provided in the Proposal and other Contract Documents, the sum of ARTICLE 3 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 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 (10%) percent of the amount of such estimate, which -is - to be retained by the City until all ntil such work has bek has been en d accepted accepted by y in accordance with this Agreement and u 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 e made within payment on account of the Contractos r of all woent shall rk covered by this Agreeme(60) nt s after completion by and acceptance of such work by the City. COMPLETION; The Contractor shall commence ARTICLE* TIME C , 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 Docutnents 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 have Provisions, which sum represents the actual damage which the City of Miami, Florida, will d per day by failure of the Contractor to complete the work within the time stipulated, and this sure is not a penalty, but will be the liquidated damage that City will have sustained in event of such default by the Contractor, 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 amaunt, 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 toa be due a under this Agreement �k shall be Wished in newadditional m security satisfactory to for the faithful performance of the the City. 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 BIlDERS SPECIFICATIONS ADDENDA PLANS: As prepared by: P,dwards & Kelcey. Irlc, Entitled: Bicentennial Park Shoreline Stabilization, Phase I, Project B-3293 • or IN WITNESS WHEREOF the patties 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 1i FLORIDA Party . e first (SEAL) Priscilla A. Thompson City Clerk gITN (If Corporation, wand Attest by Secretary Barry Reed Secretary RESOLUTION NO. 9 -al n7 .•APPROVED AS TCI-ENGINEERING:' Oviiriw gorge C. Carlo, P.E. Director Department of Capital Improveme BY: Joe Arriola t City Manager CONTRACTOR: Shoreline Foundation, Party of the second part BY: S . Michael Betancourt Vice Pre d dent (Title) (Employer Tax I,D. Number) APPROVED AS TO INSURANCE REQUIREMENTS: 3 Ptstee:4, /.C.4-rstLas Dania F. Castillo , .Administrator , Risk Management APP.' , : O FORM,.. AND . ,:. an o Vilatello ity Attorney 7:nc.