CONTRACTOR AGREEMENT THIS AGREEMENT, is made this by and between the "Contractor"
and "Owner"
to construct reconstruct, or rehabilitate, the "Property" : DEFINITIONS:
The OWNER and CONTRACTOR agree as follows: ARTICLE 1 - THE WORK The Contractor agrees to furnish all labor, materials,
equipment, permits, licenses
and services for the proper completion of the construction,
reconstruction or rehabilitation
of the above identified Property as is described in "Exhibit A" which
is attached hereto and incorporated herein by this reference (the
"Work"). The Contractor agrees that materials supplied shall be as
specified in the Work,
and where required by applicable law, rule or regulation will have Dade
County or
other applicable governmental product approval. All Work shall be completed in a professional manner according
to standard practices. ARTICLE 2 - TIME OF COMMENCEMENT AND COMPLETION No Work shall be commenced by the Contractor until the
Contractor has received
a written Notice to Proceed from the Owner. The Notice to Proceed shall
be issued
within 5 business days after receipt by the Owner from the Contractor
of conformed
copies of all required permits and licenses and acceptance thereof by
Owner. Work
shall begin no later than FIVE business days after the Notice to
Proceed is issued.
All Work shall be completed pursuant to the standards set forth in
Article 1 within
_ days after the Notice to Proceed is issued. ARTICLE 3 - CONTRACT SUM This is a fixed sum contract. The OWNER shall pay to the
Contractor for the performance
of the Work, the contract sum of $_____. The contract sum and the scope
and requirements
of the Work may be changed only upon execution of a Change Order by
Owner and Contractor. ARTICLE 4 - PAYMENTS The Owner shall make payments on account of the contract, upon
requisition by
the Contractor as follows: Four payments: First payment at 30% completion, second payment at 60%
completion, third payment
at 90% completion. Final payment Final Payment Final payment will be made seven days after receipt by Owner
of a Certificate
of Completion in the form attached hereto as Exhibit B and acceptance
of the Work
by all applicable governmental agencies, bodies and instrumentalities
including
the issuance of a Certificate of Occupancy, if required. Final payment shall not be made until the Contractor has
delivered to the Owner
of a complete release of all liens arising out of this contract;
receipts in full
covering all labor, materials, and equipment for which a lien could be
filed; or
a bond satisfactory to the Owner indemnifying the Owner against any
liens. Ten percent
of each payment request shall be retained and released at the final
payment. At
no time shall the sum of the drawdown progress payments exceed the
value of the
completed Work. Where no drawdown progress payments have been made the
Contractor
will be paid a final payment by the Owner in the lump sum amount after
the Work
is satisfactorily completed and approved by the Owner. ARTICLE 5 - CONTRACTORS INSURANCE The Contractor shall be responsible for all damages to persons
or property that
occur on the job site or adjacent thereto as a result of his fault or
negligence
in connection with this contract. The Contractor shall, prior to
commencing Work,
furnish written evidence of comprehensive liability insurance coverage
protecting
the Owner in the event of bodily injury, including death, accident and
property
damage arising out of the Work performed by the Contractor, to the
limits required
by the State of Florida Insurance Commission. The Contractor shall also
furnish
written evidence of coverage in accordance with Florida Worker's
Compensation Laws. ARTICLE 6 - SUBCONTRACTS All subcontractors shall be bound by the terms and conditions
of this contract.
Contractor shall furnish to the Owner and owner's lender in writing, a
list of names
of the subcontractors proposed for any portion of the Work. The
Contractor shall
not employ any subcontractor whom the Owner or the SHIP objects to in
writing delivered
to Contractor within three business days of receipt of the written list
of subcontractors.
The Contractor shall not assign this contract to or otherwise transfer
any of its
duties, obligations or responsibilities hereunder to any other person
without the
written consent of the Owner. ARTICLE 7 - GENERAL RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall supervise and direct the Work using his
best skills and
attention. The Contractor shall provide Owner with written evidence that
he has secured
and paid for all licenses and permits necessary for the proper
execution of the
Work and upon completion of the Work shall provide written evidence
that all Work
has been inspected and approved by the appropriate Building Officials. The Contractor shall not employ on the Work any person unfit
or not skilled in
the task assigned to him. The Contractor shall be responsible for acts and omissions of
all his employees
and agents, all subcontractors, suppliers and materialmen, their
respective employees
and agents and all other persons performing any of the Work. The Contractor shall at all times keep the premises free from
any accumulation
of waste materials and rubbish caused by the Work. The Contractor shall permit the Owner and the Owner's lender
to examine and inspect
the Work at any reasonable time and will attend a pre-construction
meeting as described
in Article 8.4 of this contract. The Contractor shall furnish to the Owner and the Owner's
lender the names, addresses
and telephone numbers of the firms to be contacted for services to the
various appliances
or other equipment to be installed or repaired under this contract. The Contractor will furnish to the Owner's lender a scheduled
of completion,
with milestones and goals for the timely completion of the contract. The Contractor will exercise due diligence in the completion
of the Work, and
will not delay or cause to be delayed the completion of this contract. ARTICLE 8 - GENERAL RESPONSIBILITIES OF THE OWNER The Owner shall permit the Contractor to use at no extra cost,
existing utilities
(if available) such as light, heat, power and water necessary for the
proper execution
and completion of Work. The Owner shall cooperate and shall cause all occupants to
cooperate with the
Contractor to facilitate the performance of the Work, including the
removal and
replacement of rugs, furniture and clothing if necessary. The Owner shall be responsible for the proper use and care of
the property including
all equipment and appliances. The Owner shall attend a pre-construction meeting with the
Owner's lender and
the Contractor, in which all details of the Work to be performed will
be reviewed. The Owner shall provide the Contractor with access to the
property during normal
working hours on normal working days. The Owner shall permit the Owner's lender to examine and
inspect the Work under
this contract at any reasonable time. ARTICLE 10 - CHANGES IN THE WORK Except in any emergency endangering life or property, no
change in the Work shall
be made by the Contractor unless he has received a prior written order
signed by
the Owner. The contract sum and contract time may be changed only by a
change order.
No monies in addition to the contract sum set forth in Article 3 hereof
shall be
paid to Contractor unless supported by a written change order.
Contractor shall
be solely responsible and liable for any costs or expenses arising out
of or related
to the Work which are in excess of the contract sum. ARTICLE 11 - GUARANTEES AND WARRANTIES The Contractor shall correct any Work that fails to conform to
the Work and shall
correct all defects due to faulty materials, equipment or workmanship
which appear
during the progress of the Work or within a period of 1 year from the
date of final
acceptance or such longer periods of time as may be specified by law or
by the terms
of any special guarantees required by the Work. The provisions of this
Article shall
apply to Work performed by subcontractors as well as Work performed by
the Contractor. ARTICLE 13 - TERMINATION OF CONTRACT BY OWNER If the Contractor defaults or fails to carry out the Work in
accordance with
the Work or fails to perform any provision of the contract, the Owner,
may, after
7 days written notice, terminate this contract and finish or cause the
Work to be
finished in a manner and by such person or persons as Owner shall
select, all in
conformance with the terms of this contract. If the unpaid balance of
the contract
sum exceeds the expense of finishing the Work such excess shall be paid
to the Contractor.
If such expense exceeds such unpaid balance, the Contractor shall pay
the difference
to the Owner within five business days of written demand thereof. No
such payments
shall be recovered by the Owner or Contractor until a fixed price of
finishing the
Work has been determined by the Owner by an approved work contract. ARTICLE 14 - TERMINATION OF CONTRACT BY THE CONTRACTOR If the Owner fails to perform any material provisions of the
contract, the Contractor
may, upon 7 days written notice to the Owner and the Owner's lender
terminate the
contract and recover from the Owner payment for all work satisfactorily
completed
including reasonable profit. ARTICLE 15 - NON-DISCRIMINATION AND EQUAL EMPLOYMENT
REQUIREMENTS The Contractor agrees that he will adhere to and require all
subcontractors,
independent contractors, or others working on this job on his behalf,
to adhere
to the provisions of Section 11A-21 through 11A-27 of the Dade County
Code calling
for non discrimination in employment practices as to any work paid for
in whole
or in part directly or indirectly with funds obtained from Dade County
Office of
Community and Economic Development, also in compliance with Executive
Order 11246
and the regulations under CFR Part 60 requiring that no person shall be
discriminated
against during the performance of construction contracts under the
program based
on race, color, religion, sex or national origin. In the event the
Contractor or
anyone hired by him to perform any work under this contract does not
comply with
the nondiscrimination clause noted above, this contract may be
cancelled, terminated,
or suspended in whole or in part. If this Section 15.2 is initiated by Contractor, Contractor
also agrees to conform
to the General Conditions, Part II of the Federal Labor Standards
Provisions. ARTICLE 16 - CONFLICT OF INTEREST The Contractor agrees on behalf of himself and all others
working for or on his
behalf regarding this contract to adhere to the provisions and
prohibitions set
out in the Code of Metropolitan Dade county, Section 2-11.1 and
designated "Dade
County Conflict of Interest and Code Ethics Ordinance". ARTICLE 17 - PROHIBITION AGAINST THE USE OF LEAD BASED PAINT Lead based paints shall not be applied to any interior
surfaces of the subject
property or those exterior surfaces that are readily accessible to
children under
7 years of age. The Contractor shall assure compliance with the
provision and shall
include such provisions in all subcontracts for painting. The
Contractor agrees
to provide samples of paint for analysis if requested by MDNHS/SHIP.
This provision
is based upon the "Lead Based Paint, Poisoning Prevention Act" (84
Stat.
2080 and the provisions of 42 CFR Part 60). NOTE: Safety precautions
should be strictly
enforced when removing Lead-Based paint, to avoid a Health Hazard. ARTICLE 18 - LIQUIDATED DAMAGES Liquidated damages will accrue at a rate of dollars per day,
for each day the
completion of the Work exceeds the established completion date as
described in Article
2 of this Contract. These liquidated damages will be deducted from the
final payment
at the completion of the contract, from the retainage held in escrow by
Miami Dade
Neighborhood Housing Services, Inc. Under no circumstances will a cash
payment be
made to the Owner from liquidated damages. The liquidated damages will
be deducted
from the outstanding loan balance. By affixing signatures to this contract, both parties agree to
this Contract,
and acknowledge that they received a copy of same and a copy of the
Work. Specification
and Performance Manual included in definitions of "Specs" in Article 1. This Contract becomes effective and binding upon the
Contractor and the Owner(s)
when signed by both parties in the spaces provided below. |