HomeMy WebLinkAboutexhibit1US-1 MEDIANS LANDSCAPE MAINTENANCE CONTRACT
By and Between
CITY OF MIAMI
AND
FLORIDA LAWN SERVICE, INC.
This AGREEMENT (hereinafter "Agreement"), is made and entered into this day
of , A.D., 2005, but effective for a one (1) year term of February 27, 2005 to February 26, 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 Florida Lawn Service, Inc., a Florida corporation, whose mailing
and notice address is P.O. Box 831719, Miami, Flotida 33238-1719 and whose principal physical
address is 12595 SW 56 Street, Miami, Florida 33175, party of the second part (hereinafter
sometimes called the "Contractor" or "Florida Lawn Service, Inc.").
WITNESSETH:
WHEREAS, pursuant to Resolution No. 04-0002, adopted by the Miami City Commission
on January 8, 2004, the City Commission accepted the competitive bid of Florida Lawn Service, Inc.
to provide landscape maintenance to the medians along US-1 and entered into a contract for said
services with Contractor for the period from February 27, 2004 to February 26, 2005; and
WHEREAS, the competitive bid documents and the contract documents for the 2004-2005
US-1 medians landscape maintenance services stated that the City has the option for the maintenance
portion of the contract to extend the contract for two (2) additional periods of one (1) year each by
giving the Contractor at least sixty (60) days prior written notice; and
WI-HEREAS, 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 Florida Lawn Service, Inc.
continue with the landscaping maintenance services of the medians along US-1 for the extension
period beginning February 27, 2005 through February 26, 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
maintenance services for 2005-2006 at the same original contract price of $88,300 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;
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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.
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 landscape maintenance of the medians along US-1, for the Contract Term sei
forth in Article 7 below and for the project entitled:
US-1 MEDIANS LANDSCAPE MAINTENANCE CONTRACT 2003, B-60489
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 Eighty Eight Thousand, Three
Hundred Dollars and No Cents (388,300.00) for the 2005-2006 Contract Term. Compensation to
Contractor for any remaining renewal period of this Agreement, if any, shall be for the same Contract
Sum of Eighty -Eight Thousand, Three Hundred Dollars and No Cents (388,300) 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 loth 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
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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 attac:hed
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
Entitled:
Estevez
B-60489
ARTICLE 7. THE CONTRACT TERM: The original Contract Term was for one (1) full year with
such one (1) year term period beginning February 27, 2004 and ending February 26, 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 sixty (60) 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
February 27, 2005 and ending February 26, 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 sixty (60) days' prior written notice for any 2006-2007 annual renewal
period.
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ARTICLE 8. CONTIGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for project activities and is subject to amendrnenE
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) THE CITY OF MIAMI, FLORIDA
Party of the first part
ATTEST: BY:
Joe Arriola
City Manager
Priscilla A. Thompson
City Clerk
WITNESS: (Attach SEAL of
Corporation)
BY:
Print Name:
Corporate Secretary
RESOLUTION NO.
APPROVED AS ENGINEERING:
Stephanie N. Grindell, P.E., Director
CONTRACTOR:
Florida Lawn Services, Inc.
Party of the second part
BY:
Print Name :
Print Title:
(Employer Tax I.D. Number)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Dania F. Carrillo, Administrator
Department of Public Works Risk Management
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City Attorney
"BECAUSE THE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACI-I
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 BEHALF,
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