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Reso 2017-2657
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Reso 2017-2657
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Last modified
3/1/2017 2:56:09 PM
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3/1/2017 2:56:03 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2657
Date (mm/dd/yyyy)
02/16/2017
Description
1st Amd to Agmt w/West Construction for Samson Oceanfront Park
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• <br /> insurance policy or policies upon request of the City Manager or his designee. <br /> 27.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the <br /> City Manager or his designee within ten (10)days of written request. If the initial insurance expires <br /> prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty • <br /> (30) days prior to the date of their expiration. <br /> 27.4 The City reserves the richt to require modifications, increases,or changes in the Insurance <br /> Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor. <br /> ARTICLE 28. PAYMENT AND PERFORMANCE BOND <br /> 28.1 Contractor shall not start Work under this Agreement until it has delivered to the City a <br /> Performance Bond and a Payment Bond in accordance with Section 2.7 of Invitation to Bid <br /> No. 15-05-01 which is incorporated into this Agreement and requires that the Contractor <br /> furnish a Performance and Payment Bond in the amount of 100% of the total Contract Price <br /> with the City named as the Obligee, as security for the faithful performance of this <br /> Agreement and for the payment of all persons performing labor or furnishing materials in <br /> connection with Work under this Agreement. <br /> 28.2 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be <br /> amended from time to time, Contractor shall ensure that the Bond(s) are recorded in the public <br /> records of Miami-Dade County and provide the City with evidence of such recording. <br /> ARTICLE 29. THE CITY'S RIGHT TO TERMINATE <br /> 29.1 The City has the right to terminate this Agreement for any reason or no reason, upon <br /> ten (10) days prior written notice to the Contractor stating the date upon which Contractor shall <br /> cease all Work under this Agreement and vacate the Project Site. Upon termination of this <br /> Agreement, all charts, sketches, studies, drawings, reports and other documents, including <br /> electronic documents, related to Work authorized under this Agreement, whether finished or not, <br /> must be turned over to the City. The Contractor shall be paid in accordance with provisions of <br /> this Agreement, provided that said documentation is turned over to the City within twenty <br /> (20) business days of termination. Failure to timely deliver the documentation shall be cause <br /> to withhold any payments due without recourse by Contractor until all documentation is <br /> delivered to the City. <br /> 29.2 If Contractor fails to comply with any term or condition of this Agreement, or fails <br /> to perform any of its obligations hereunder, then Contractor shall be in default. Upon the <br /> occurrence of a default which is not cured within the Cure Period, in addition to all remedies <br /> available to it by law, the City may immediately, upon written notice to Contractor, terminate <br /> this Agreement whereupon all payments, advances, or other compensation paid by the City to <br /> Contractor while Contractor was in default shall be immediately returned to the City. The City <br /> may also suspend any payment or part thereof or order a Work stoppage until such time as the <br /> issues concerning compliance are resolved. Contractor understands and agrees that <br /> termination of this Agreement under this Article shall not release Contractor from any obligation <br /> accruing prior to the effective date of termination. <br /> 29.3 In the event of termination due to default, in addition to the foregoing Contractor shall be <br /> I` <br />
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