HomeMy WebLinkAboutExhibitContractor Agreement
1. HOLD HARMLESS. Contractor shall agree to defend, indemnify, and hold harmless the City of Miami from liability and
claim for damages because of bodily injury, death, property damage, sickness, disease or loss and expense arising
from Contractor's Performance under this agreement to install or construct improvements.
2. LIEN WAIVERS. Contractor agrees to protect, defend and indemnify The City of Miami from any claims for unpaid work,
labor, or materials with respect to Contractor's Performance. Final payment shall not be due until the Contractor has
delivered to the City of Miami complete release of all liens for work completed arising out of Contractor's Performance or
a receipt in full covering all labor and materials for which a lien could be filed or a bond satisfactory to The City of Miami
indemnifying horn against any lien_
3. CONTRACT AMOUNT & PAYMENT SCHEDULE Payments will be scheduled as follows, subject to The City of
Miami's acceptance of work done:
$ of work done
$224,950
$74,983.33 (33% completion)
$74,983,33 (66% completion)
$74,983 33 (100% completion)
Final Completion of Work
(Certificate of Occupancy and
Acceptance by City of all Punch
List work)
Projected Completion Date
Up to: 30 days from notice to
proceed
Up to: 60 days from notice to
proceed
Up to: 90 days from notice to
proceed
Up to: 110 days from notice to
proceed
Payment Amount (less 20%J
$59,986 66
$59,986.66
$59,986 66
$44,990.02
Total $224,950
The dollar amounts and dales shown on this schedule are estimates only
4, TIME FOR PERFORMANCE, The Cily of Miami shall provide written authorization to Contractor to commence work.
Contractor agrees to start work within 30 (thirty) calendar days after receipt of a written Notice to Proceed If
Contractor faits to commence work within 30 (thirty) calendar days of the date of The City of Miami's notification to
commence, The City of Miami shall have the right to terminate this agreement, Such notice of termination shall be in
writing
Contractor agrees to complete work on or before 90 days from the notice to proceed in accordance with the Bid Form,
General Specifications and Work Write -Up, presented to the City by Allstate Building & Remodeling, Company, dated
May 15, 2007 (Exhibit 1) . If completion is delayed for reasons beyond Contractor's control, Contractor shall provide
timely notice to The City of Miami of the reasons for such delay. If such good cause is claimed by the Contractor, it shall
be Contractor's obligation to substantiate its claim by adequate documentation.
In the event Contractor shall fail to complete work within the agreed upon period and fails to provide evidence of good
cause for such delay, The City of Miami shall have the right to declare Contractor on default. In such event, The City of
Miami shalt be responsible for providing written notice to Contractor by certified mail of such default. If Contractor fads to
remedy such default within 15 calendar days of such notice, The City of Miami shall have the right to select a substitute
Contractor. If the expense of finishing the work exceeds the unpaid balance on this Contract, the Contractor shall pay -
the difference 10 The City of Miami.
5. CHANGE ORDERS The Contractor expressly agrees that no material changes or atterations in the description of work
or price provided above shall be made unless in writing and authorized. by the Cily of Miami Department of Community
Development
6. PERMITS & CODES. Contractor agrees to secure and pay for all necessary permit and licenses required for
Contractor's performance and to adhere to applicable local codes and requirements whether or not covered by the
specifications and drawings for the work, including any contractor registration requirements,
7. EQUAL OPPORTUNITY. Contractor agrees to provide equal opportunity to all persons, without discrimination as lo
race, color, creed, religion, national origin, sex, marital status, age, and status with regard to public assistance or
disability.
8 UNACCEPTABLE RISK Contractor represents that at the time of execution hereof; Contractor is not listed on the
Disbarred and Suspend -able Contractor's list of the U.S Department of Housing and Urban Development
9 WARRANTY. For good and valuable consideration, Contractor hereby agrees la provide a full one-year warranty to The
City of Miami, which shall extend 10 subsequent owners of the property to be improved. The warranty shall provide that
improvements, hardware and fixtures of whatever kind or nature installed or constructed on said property by the
Contractor are of good quality, and free from defects in workmanship or materials or deficiencies subject to the warranty
contained in this paragraph provided Contractor and The City of Miami agree, however, that the warranty set forth in this
paragraph shall apply only to such deficiencies and defects as lo which The City of Miami shall have given written notice
to the Contractor, al its principal place of business, within one (1) year from date of Contractor's final payment, staling
thal all worts under contract has been completed
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10 SCOPE OF WORK. Contractor acknowledges that it has prepared the Contractor's Proposal (Part II of this Agreement)
and that such proposal is accurate and consistent as to the name of Contractor, scope of work that the Contractor will
undertake, and price. Contractor acknowledges the performance requirement established in the General Specifications
(Part II of this Contract) and warrants that alt work undertaken wilt conform to said specifications.
11 REMOVAL OF DEBRIS Upon completion of work, Contractor agrees to remove all construction debris and surplus
material from the property and leave the property in a neat and groom clean condition.
12, LEAD BASE PAINT PRODUCTS. In compliance with 570 611 of CDBG regulations, lead base paint products shall not
be used.
13. FINANCING Contractor agrees that it will not enter into any agreement to perform work financed by the rehabilitation
loan until said loan is closed, unless said agreement is contingent upon the closing of said loan.
14. SUB -CONTRACTORS. Contractor agrees that all the warranties contained herein shall apply to all work performed
under the Contract, including the performed by any sub -contractor.
15 ACKNOWLEDGEMENT. The above warranties are in addition to, and not in limitation of, any and all other rights and
remedies to which The City of Miami, may be entitled, at law or in equity, and shall survive the conveyance of title,
delivery of possession of the property, or other final settlement made by The City of Miami and shall be binding on the
undersigned notwithstanding any provision to the contrary contained in any instrument heretofore or here -to -after
executed by The City of Miami
Contractor and The City of Miami hereby acknowledge acceptance of this agreement'
16. INVITATION FOR BIDS: All of the terms, conditions and requirements contained in the Invitation for Bids Issued on
May 101", 2007 for the "Rehabilitation of Building Located at 1371 NW 61 Street" are herein included and made a part of
this agreement. In the event that any language contained in the body of this agreement conflicts with the language
contained in the Invitation for Bids, the City of Miami, at its sole discretion will determine which language shall prevail.
Address of Property to be improved 1371 NW 61" Street
Contractor: ALLSTATE BUILDING AND REMODELING, COMPANY
Contractor's Address: P.O. Box 558986, Miami, Florida 33255
By (title)
Acknowledged:
CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
By: By:
Priscilla A. Thompson Date Pedro G. Hernandez Date
City Clerk City Manager
APPROVED AS TO APPROVED AS TO FORM AND
INSURANCE REQUIREMENTS: CORRECTNESS:
By: By:
Risk Management Jorge L. Fernandez Date
City Attorney
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