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HomeMy WebLinkAboutExhibit 3CONTRACT By and Between CITY OF MIAMI And FLORIDA LAWN SERVICES, INC. This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of A.D., 2008, but effective beginning ten (10) days after Notice to Proceed is issued by the Department's Director, 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, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and Florida Lawn Services, Inc., a Florida corporation, whose principal address is 12595 S.W. 56 Street, Miami, Florida, 33175, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on , 2008, the City Commission accepted the competitive bid of Florida Lawn Services, Inc. to provide landscaping maintenance to the City (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of one (1) year, (365 calendar days), with up to four (4) additional one (1) year options to renew the term. The City Commission further authorized the City Manager or his Designee to execute said options to renew subject to the availability of funding and Contractor's performance. 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 maintenance of the landscaping and the lighting system located along Coral Way between S.W. 12 Avenue and S.W. 37 Avenue, attached hereto and made part hereof, for the Contract Term set forth in Article 7 below and for the project entitled: CORAL WAY MEDIAN LANDSCAPING PROJECT, M-0005 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 as Exhibit "C", the annual sum of Two Hundred Fifty Six Thousand Forty Two Dollars and No Cents ($256,042.00) for fiscal year 2008. The City Manager or his Designee, at their discretion, may exercise the four (4) additional one (1) year options to renew and the funding shall be as follows: The first option to renew in the annual amount of Two Hundred Fifty Six Thousand Forty Two Dollars and No Cents ($256,042.00) during Fiscal Year 2009. The second option to renew in the annual amount of Two Hundred Fifty Six Thousand Forty Two Dollars and No Cents ($256,042.00) during Fiscal Year 2010. The third option to renew in the annual amount of Two Hundred Fifty Six Thousand Forty Two Dollars and No Cents ($256,042.00) during Fiscal Year 2011. The fourth and final option to renew in the annual amount of Two Hundred Fifty Six Thousand Forty Two Dollars and No Cents ($256,042.00) during Fiscal Year 2012. ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: On or before the 10th day of each calendar month, the City shall make partial payments to the Contractor on the basis of the estimate of work performed by the Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager. (b) 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 calendar 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 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 — Not applicable for projects under $200,000. MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: N/A As prepared by Estevez Entitled: M-0005 ARTICLE 7. THE CONTRACT TERM: The original Contract Term is one (1) year (365 calendar days) effective ten days after Notice to Proceed is issued by the Department's Director. The City has up to four (4) options to renew the term of the contract, each for a period of one (1) year, subject to availability of funds and Contractor's performance. The City Manager or his Designee, at their discretion, may exercise the four additional options to renew and the terms shall be as follows: The term for the first option to renew shall be one (1) year during fiscal year 2009. The term for the second option to renew shall be one (1) year during fiscal year 2010. The term for the third option to renew shall be for one (1) year during fiscal year 2011. The term for the fourth and final option to renew shall be for one (1) year during fiscal year 2012. The terms for all four (4) options to renew shall begin ten (10) days after. Notice to Proceed is issued by the Department Director. ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and is subject to amendment or termination 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 year first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract*. WITNESS: (If Corporation, attach Seal and Attest by Secretary) CONTRACTOR: Florida Lawn Services, Inc. A Florida Corporation Party of the second part BY: BY: Print Name : Print Name: Print Title: Corporate Secretary (Employer Tax I.D. Number) (SEAL) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Priscilla A. Thompson Pedro G. Hernandez, P.E. City Clerk City Manager RESOLUTION NO. BECAUSE 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 ON ITS BEHALF. APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: ENGINEERING: Stephanie N. Grindell, P.E. LeeAnn Brehm, Director Director, Public Works Risk Management APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru City Attorney