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HomeMy WebLinkAboutContractCONTRA' d This AGREEMENT, made and entered into this ay of 2004, by and between the Cityof Miami, Florida, a municipal corporation of the State of ,. party arty of the first part, (hereinafter sometimes called the "City'', and 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: The Contractor shall furnish all labor, materi als and equipment and perform all the work in the manner and form provided by the Contract Documents, for the project entitled. RD The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of th aUnited St, tes,and as provided subject to in ( pPall additions and deductions and based on unit tprices o f (� the Proposal and other Contract Documents, Dollars and Cents In accordance with the provisions fully set forth in the "General Conditioof sthhall a pecificatio s," and subject to additions and deductions as provided, the City P follows; (a)s On or before the 10a' day of each calendar month, the e�i�xfiedaa d approved y payments to the Contractor on the basis recedin calendar month by the estimate of work, performed during preceding • Contractor, less ten (10%) percent of the amount of such estimate, which is to be retained by the Cite until all work eene accepted by d strictly in accordance with this Agreement and until such work has b the City. (b) Upon submission by the Contractor ofevidence� incurred by the Contractor in all payrolls, material bills and other costs connection with the construction of the work have been paid a o s of by the , and also, after all guarantees that may be required in p Contractor have been furnished and are found acceptabwile by sixtthey y) dad ty, final payment on account of this Agreement shall madebe after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the City, 1 • - • „ „�' • . • The Contra. shall commence the beperformed under this Contract within the number of con sectImprovements me rovesys after t e work to p date of written notice from the Director $�� a Department LG thefCapital � accordance to begin work as noted in the Proposal, and fully 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 completedo paid within t1 ae Coma toe n specified, it is agreed that from the compensation otherwise that the work the City may retain for each day thereafter, SundaysGeneral Conditions of the as remains uncompleted, the sum set forth inth as modified by Division 2 - Special Provisions, which sum represents failof the actual damage which the City of Miami, Florida, will have sustained per day y ontractor the work within the time stipulated, and this sum is not a penalty, a t will to complete the liquidated damage that.City will have sustained in event of such Contractor. It is further mutually agreed between the an d parties hereto, that if, at any time after the execution of this Agreement the the Performance Bond hereto attached, when required for its faith performance, ity shall deem the surety or sureties upon, such bondto be sbesadequ to toor ifeover the , for any reason, in the opinion of the Engineer, such bondat his ex eases toease, within five (5) days after performance of the work, the Contractor shall, p receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, Oun and with such surety or sureties as shall be satisfactory to the e City. derthis n such event, no further payment to the Contractorperof the, work Agreement until such new or additional security for the faithful pe shall be furnished in manner and form satisfactory to the City. All of the documents hereinafter listed form the Contract and they arc 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 BOND MAINTENANCE PERFORMANCE INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: As prepared by , 46 Entitled: r • 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*. A'L' PEST: Priscilla A. Thompson City Clerk WITN SS: (If Corporation, A tach .e. and Attest by Secretary) (SEAL) RESOLUTION NO. 04-0351 APPROVED AS ENGINEERING: Stephanie N. Grindell, P.E. Director Department of Public Works THE CITY OF ► FLO Party • the fir BY: e Arriola ity Manager CONTRACTOR: ONE CROW INC (Title) 65 10B9362 (Employer Tax I.D. Number) APPROVED AS TO INSURANCE REQUIREMENTS: 7Il1ase Dania Carrillo, Administrator Risk Management APPROVED AS TO FORM AND CORRECTNESS: AlejancTro Vilarello City Attorney *IN THE 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. 3