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This AGREEMENT, made and entered into this day of , A.D.,
2004, 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
NCI CONSTRUCTION CORPORATION.
Party of the second part (hereinafter sometimes called the "Contractor")
WITNFSSETH: That the parties hereto, for the considerations hereinafter set
forth, mutually agree as follows:
ARTICLE I. 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:
LAWR.ENCE STORMWATER PUMP STATION UPGRADES (3m BIDDING). B-
5650B
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 ($ 202.047.00 )
Two Hundred Two Thousand Forty Seven Dollars and no
Cents
ARTICLE. PARTIAL A.>\1D 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 10th 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 intheSpecifications 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.
1
AU ,E COMPL j )ON: The Ccn::actor shah, .commence the
work to be perfoi:n. cd under this Contract within the number el consecutive days after the ..
date of written notice frorn 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 surn 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. ADDIT)ONAL 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 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 DOCUMENTS: All of the documents hereinafter
listed form the Contract and they are as fully as part of the Contract as Whereto 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 Public Works Department
Entitled: B-5650B
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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'.
(SEAL)
ATTE
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THE CITY OF M ►• r , .;LORIDA
Party ofe first p
BY:
/Joe Arriola
City. Manager
CONTRACTOR:
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of the second p
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(Employer Tax I.D. Number)
RESOLUTION NO. R-04-0259 APPROVED AS TO INSURANCE
REQUIREMENTS:
2LLL '
• Dania Carrillo, Administrator
Risk Management
APPROVED AS ENGINEERING: APPR
CO
l_riNadZq\fr 40D
Stephanie N. Grindell, PE
Director
Department of Public Works
jandro Vilarello
ity Attorney
0 FORM AND
'IN THE EVENT THAT THE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO
EACH COUNTERJ'ART 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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