Vila & Son Landscaping Corp
AGREEMENT
THIS AGREEMENT made this Sf-.- day of \' ~+: 20QL A.D. between the CITY
OF MIAMI BEACH. a Florida nnmicipal COlpOl'llIion, bereiiJafter called the City, which term shall iIK:1ude
its successors and assigns, party of the $Jne part, and ,
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hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the
other part.
WITNESSETH that the said Contractor for the consideration and compeosation herein agreed to be paid
and the said City in consideration of the construction of improvements to be done by said Contractor and
designated .. NORTH SHORE OPEN SPACE PARK (pHASE I) .. by said City, do hereby mutually
agree as follows:
I. This Agreement sball extend to and be obligatory upon said City, its successors and assigns, and
upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part
thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any
sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone
without the consent of the City Commission of said City evidenced by its resolution.
2. The foregJing pages of this booklet, including the Notice to Contractors, the Proposal, and the
Contract Docmnents and such alterations as may be made in said Plans and Specifications as
therein provided for, are hereby referred to and made a part of this Agreement and the terms and
conditions set forth therein, except when in direct conflict with this written Contract, are as much
a part hereof as if copied herein. If conflicts exist between them and this written instrument, only
that part of the matter in direct conflict herewith shall not be construed to be a part hereof.
3. The Contractor sball commence work within seven (7) days of the Notice to Proceed and shall
construct and complete in a good and worlananlike manner the materia1s herein referred to, strictly
in accord herewith the following:
3.1 The Contractor sball be Substantially Completed with the Work within ninety (90)
calendar days after the date when the Contract Time commences to nm as provided in
paragraph 2.3 of the General Conditions, and completed and ready for fina1 payment in
accordance with paragraph 14.13 of the General Conditions within on~hundred five
(105) calendar days after the date when the Contract Time commences to run.
BID NO: 38-00/01
DATE: 04/11/01
COY OF MIAMI BEACH
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3.2 Damages - City and Contractor recognize that the City will suffer direct financialIoss if
Work is not completed within the Con1lact times specified in paragraph 3.1 above (or
alternate bid item No.1, if awarded by City) plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbi1Iation pnlCP"'iing the actua1
loss suffered by Owner if the Wark is not completed on time, and therefore time is of the
essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and
pay Owner as liquidated damages for delay (but not as a penalty) the amount of
Two Hundred Dollars (5200.00) for each calendar day that expires after the
Contract Time specified in paragraph 3.1 for Substantial Completion until the
Work Is substantially complete. After Substmtia1 Completion ifConlrnctor sball neglect,
refuse, or fail to complete the remaining Work within the Contrnct Time, ConlIactor sball
pay Owner Two Hundred Do1lars (5200.00) for each calendar day that expires after
the time specified in Paragraph 3.1 for completion and readiness for final payment.
These amOlmts represent a reasonable estimate of Owner s expenses for extended delays
and for inspection, engineering services and administrative costs associated with such delay.
4. in such construction said ConlIactor sball finnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution and
completion of the Work, nothing being required of the City except that it may, at its expense,
supervise such construction and enter upon and inspect the same at all reasonable times.
5. If any dispute arises between the City and said Contractor with reference to the meaning rr
requirements of any part of this Con1lact and they cannot agree, the more stringent requirements
sball govern as detennined by the City.
6. If the ConlIactor sball complete the cons1Iuction herein contemplated in a good and workmanlike
manner within the time herein specified and in accord herewith, the said City sball pay to the
Con1lactor the con1lact swn in accordance with the Conditions of the Con1lact. The City, by
allowing Conlrnctor to continue with said construction after the time for its completion herein before
stated shal1 not deprive City of the right to exercise any option in this Agreement contained nor shal1
it operate to alter any other term of this Agreement
7. The Contractor shal1 file with the Procurement Director of said City of Miami Beach a Perfonnance
and Labor and Material Payment Bond, each in the amount of 100 percent of Con1lact Amount,
in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney
and shal1 be executed by said Contractor and Surety Agent authorized to do business in the State
of Florida.
BID NO: 30-00101
DATE: 04112101
CITY OF MIAMI BEACH
19
8. The ContIactor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami
Beach Risk Manager.
9. All docwnents shall be executed satisfuctorily to said City and mtil Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for perfonnance of he Worlc in accordance with the Contract
Documents in current funds at the lump sum or lllrit prices presented in the Bid Proposal, attached
to this Agreement The parties expressly agree that the Contract Price is a stipulated sum except
with regard to the items in the Bid which are subject to lllrit prices.
Contract Price:
$ .:)/0...173. 7D .
11. The Contract Documents which comprise the entire Agreement between City and ContIactor are
attached to this Agreement and made a part hereof
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of
Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
VILA & SON LANDSCAPING CORP.
20451 SW 216th Sl
Miami. FL 33170.1106
(SEAL)
CITY OF MIAMI BEACH
Contractor
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(A thorized Corp rate
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ATIEST:
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City Oerk
BID NO: 30-00/01
DATE: 04/lZ/01
APPROVED AS TO
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CITYOFMIAMl R EXECUTION
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