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CONTRACT
This AGREEMENT, made and entered into this]✓,_, da y
of AD., 2004, by
and between the City of Miami, Florida, a municipal corporation of the Stahel of Florida, party
of the first part, (hereinafter sometimes called the "City"), and
COMPANY. 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:
1 P F • 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:
4L
N : The City shall pay to the Contractor, for the
faithful performance of the Contract, in lawful money of the United States, and subjectas provided
to additions and deductions and based oon���prices (wherest(applicable),
P g 491' S0)� avaiiilati
in the Proposal and other Contract D Dollars and Cents
N'e T F
s lt�I In accordance with the
provisions fully set forth in the "General Conditions"
of the
aSpthe�cationContra" and
ad
subject to additions. and deductions as provided, the City P
s
follows:onth,
(a) On or before the loth day of each the
basis of adulyCity
certified and
partial payments to the Contractor on
approved estimate of work, performed during the preceding calendar month
by the Contractor, less ten (10)/0) percent all work has beentof such estimate,
perforined strictly
which is to be retained by the City until
in accordance with this Agreement and until such work has been accepted
by the City.
(b) Upon submission by the Contractor of evidence � b� the Contractorory to the City in
at
all payrolls, material bills and other costs Y
connection with the construction of the work have the Spepaid cifications and i of
by the
, and
also, after all guarantees that may be required in pee
Contractor have been furnished and are found acceptable
m d ��vbithin sixty (60) days
payment on account of this AgYeement shall b
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
TIME OF COMPLETION: The Contractor shall commence the
k to be performed under this Contract within the number of Capital Improvementss
wor
the date of written notice from the Director of the e Department y complete the Contract in
to begin work as noted in the Proposal,
accordance
with the Contract Documents within the number of working days as set forth
in the Proposal.
Iis inthally eeagr agreed between the parties hereto, that time is the essence of this Contract,
and,
the
in the event that construction of the work is not completed
be the time tractor,
specified, it is agreed that from the compensation otherwise paidthat the work
the City may retain for each day thereafter, Sundays and holidays included,
the
remains uncompleted, the sum set forth in the General Conditions
of
as the actual damage
which the City of Miami, Florida,
modified by Division 2 - Special have sustained per day by failure of the Contractor
tPin a complete the work within the tithe stipulated, and this sumis
of uch defy tt bywill
the
be
the liquidated damage that City will have sustained
Contractor.
•' � L- III •NA B•
1 It is further mutually agreed between the
, gr
an
parties
hereto that if, at any time after the execution when refor its ofp Ar oeernent tnd the
City
Performance Bond hereto attached, 9 �� for any
to be
atis
sh
all deem the surety or sureties upon such bond ceases tosbe adequate to cover the
reason, in the opinion of the Engineer; such bond P 5 � after
s after
performance of the work, the Contractor shall, at Kish expense,within five bond(5) bonds
in
receipt of notice from the Engineer so to do, fern
such
the
form and amount, and with such surety or sureties as
shall be deemed to beo due
City. In such event, no further payment to the Contract for the faithful performance
under this Agreement until such new � additional security and form satisfactory to the City.
of the work shall be furnished in m
•N ` ' 'I' • �� All of the documents hereinafter
• � - - as part of the. Contract as if hereto attached,
listed form the Contract and they as fully
or repeated in this Agreement
ADVERTISEMENT FOR BIDS
PROPOSAL
BID BOND
CONTRACT
PERFORMANCEBOND
MAINTENANCE PERFORMANCE BOND
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
ADDENDA
PLANS:
As prepared by:
Entitled: "R
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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,
an on of which shall, without
pr*.
oof or accounting for the other counterparts, be deemed�
THE CITY OF MIAMI, A
P. .fthefirs
Priscilla A. Thompson
City Clerk
WITNESS: (If Corporation,
attach Seal and Attest by Secret_arY)
(SEAL)
RESOLUTION NO. C)`
APPROVED AS ENGINEERING:
Jo C. Cano, P.E.
Director
Department of Capital Improvements
THERE SHALL BE ATTACHED
N THE EACH
THAT THE. ACONTRACTOR IS A CORPORATION OFFICER WHO BOAR THE
TO EACH COUNTERPART A CERTIFIED COPY RIOZING T�LUTiON OF THE BOARD OF
DIRECTORS TOOF TH:E DO SO IN ITSOEHALON, AUTHORIZING
CO
BY: C'
Joe Arriola
City Manager
CONTRACTOR:
Party of the second part
BY: Ronnie Smith
Vice President
(Title)
(Employer Tax I.D. Number)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Dania F. Carillo, Administrator
Risk Ma agem
APP
FORM AND
Attorney
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