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HomeMy WebLinkAboutexhibit1BRICKELL AVENUE MEDIANS LANDSCAPE MAINTENANCE CONTRACT By and Between CITY OF MIAMI AND SOUTH FLORIDA MAINTENANCE SERVICES, INC. This AGREEMENT (hereinafter "Agreement"), is made and entered into this day of , A.D., 2005, but effective for a one (1) year renewal term of March 15, 2005 to March 14, 2006, in accordance with the Contract Term set forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, party of the first part, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (hereinafter sometimes called the "City"), and South Florida Maintenance Services, Inc., a Florida corporation, whose principal address is 9700 NW 79 Avenue, Hialeah, Florida 33016, party of the second part (hereinafter sometimes called the "Contractor" and "South Florida Maintenance Services"). WITNESSETH: WHEREAS, pursuant to Resolution No. 04-0003, adopted by the Miami City Commission on January 8, 2004, the City Commission accepted the competitive bid of South Florida Maintenance Services, Inc. to provide landscape maintenance to the medians along Brickell Avenue, the landscaped areas of Brickell Bay Drive and irrigation system maintenance along Brickell Avenue, Brickell Bay Drive and S.E. 25th Road and entered into a contract for said services with Contractor for the period from March 15, 2004 to March 14, 2005; and WHEREAS, the competitive bid documents and the contract documents for the 2004- 2005 Brickell Avenue area medians landscape and irrigation maintenance services stated that the City has the option for the maintenance portion and certain of the additive items 1 through 7 of the bid documents to extend the contract for two (2) additional periods of one (1) year each by giving the Contractor at least thirty (30) days prior written notice; and WHEREAS, pursuant to Resolution No. 05- , adopted by the Miami City Commission on , 2005, the City Commission approved the recommendations and findings of the City Manager and the Department of Public Works that South Florida Maintenance Services, Inc. continue with the landscaping and irrigation system maintenance services for the period beginning March 15, 2005 through March 14, 2006, with the City having one (1) remaining option to renew an agreement for such services for the 2006-2007 period; and WHEREAS, the Contractor and the City wish to provide now for such landscape and irrigation system maintenance services for 2005-2006 at the same original contract price of $122,676.30 as described herein and in all attachments hereto (collectively referred to as the "Contract Documents") which by such references are incorporated herein and made a part of this Agreement; NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as an integral part of this Agreement), and the promises and covenants contained herein, and other good 1 and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by this Agreement and the Contract Documents, for the maintenance of the medians along Brickell Avenue, the landscaped areas of Brickell Bay Drive and the irrigation system maintenance along Brickell Avenue, Brickell Bay Drive and S.E. 25 Road , for the Contract Term set forth in Article 7 below and for the project entitled: BRICKELL MEDIANS LANDSCAPE MAINTENANCE CONTRACT, B-60495 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 attached hereto and other Contract Documents attached hereto, the sum of One hundred Twenty Two Thousand, Six I-Iundred and Seventy Six Dollars and Thirty Cents ($122,676.30) for the 2005-2006 Contract Term. Compensation to Contractor for any remaining renewal period, if any, shall be for the same Contract Sum of One Hundred and Twenty -Two Thousand, Six Hundred and Seventy -Six Dollars and Thirty Cents ($122,676.30) per annual period. ARTICLE 3, PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) (b) 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. 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 in the Specifications 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. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the Contract Scope of Work in accordance with this Agreement and 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 of the essence of this Agreement, 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 2 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(s) 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 sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in event of such default by the Contractor. ARTICLE 5. ADDITIONAL 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 and incorporated herein as Attachment "A", 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 if attached to this Agreement, 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 Estevez Entitled: B-60495 ARTICLE 7. THE CONTRACT TERM: The original Contract Term was for one (1) full year with such one (1) year term period beginning March 15, 2004 and ending March 14, 2005, with the City having the option, in its sole discretion, to renew this Agreement for up to two (2) additional one-year periods, by giving the Contractor at least thirty (30) days' prior written notice for each additional period of renewal. The City is now exercising its first option to renew and extend the Contract Term for the one (1) full year with such one (1) year renewal term period beginning March 15, 2005 and ending March 14, 2006. Accordingly, the City now has one remaining option, in its sole discretion, to renew this Agreement for up to one (1) additional annual period by giving the Contractor at least thirty (30) days' prior written notice for any 2006-2007 annual renewal period. ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent upon the availability of funds and continued authorization for project activities and is subject to amendment 3 due to lack of funds, reduction of funds, and/or change in regulations upon thirty (30) days written notice. 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`. (SEAL) ATTEST: Priscilla A. Thompson City Clerk WITNESS: (Attach Seal and Attest by Secretary) THE CITY OF MIAMI, FLORIDA Party of the first part BY: Joe Arriola City Manager CONTRACTOR: South Florida Maintenance Services, Inc. Party of the second part BY: BY: Print Name : Print Name: Print Title: Corporate Secretary (Employer Tax I.D. Number) RESOLUTION NO. 05- APPROVED AS ENGINEERING: APPROVED AS TO INSURANCE REQUIREMENTS: Stephanie N. Grindell, P.E., Director Dania F. Carrillo, Administrator Department of Public Works Risk Management APPROVED AS TO FORM AND CORRECTNESS: Jorge L. Fernandez City Attorney `BECAUSE TI-IE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART AS ATTACHMENT "B" 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 BEI-IALF, 4