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Superior Landscaping & Lawn Service Contract
~ MIAMIBEACH ~~~ ~~E~~ G ~/ ~~v 9 CITY OF MIAMI BEACH S // CERTIFICATION OF CONTRACT TITLE: Grounds Maintenance Service- South Pointe Park CONTRACT NO.: 19-08/09 EFFECTIVE DATE(S): This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk, and maybe renewed by mutual agreement for two (2) additional years, on a year to year basis. SUPERSEDES: N/A CONTRACTOR(S): Superior Landscaping & Lawn Service, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $144,200 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on May 13, 2009, for approval to award a contract, upon execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT -This Contract is entered into to provide for grounds maintenance service- South Pointe Park for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 19-08/09 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 19- 08/09. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor for Grounds Maintenance according to the requirements of the Contract Documents to Kevin Smith, City of Miami Beach, Parks and Recreation Director at 305-673-7000 ext. 6643. E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to delivery of supplies, and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work, and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. 2 Certification of Contract The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES -Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Gus Loaez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 With copies to: Kevin Smith. Director Citv of Miami Beach Parks and Recreation Deaartment 2100 Washington Ave.. Miami Beach. Florida 33139 For Contractor: Suaerior Landscaping & Lawn Service, Inc. 2200 NW 23 Ave Miami. Florida 33142 Orlando Otero. President L. MATERIALITY AND WAIVER OF BREACH -City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An 3 election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepazed with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurances) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and all addenda issued, and Contractor's bid in response thereto, aze attached to this Contract and aze hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City d ContractoMr have caused this Certification of Contract to be signed and attested on this ~ day of ~T' 200, by their respective duly authorized representatives. CITY OF MIAMI BEACH By B ayor /D T~~C- aod9 Date ~ p Date TTE ATTEST: Secretary/ ignature City Clerk Print Name Date S/~~~ r~ Date F:\PURC\$ALL\MARTA\Bids\08-09\Grounds Maintenance South Point Park\Contract\19-08-09Contract Superi~ Landscape.doc APPROVED AS TO •ORM NGUAGE & F~r~ECUTION ~ ~ ~ Print Name ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ,,, 5 29 2009 PRODUCER phone: 305-445-3535 Fax: 305-447-9478 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hub International Fortun ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 365 Palermo Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR l ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gab es FL 33134-6607 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:WR BERKLEY CORP 981 Superior Landscaping & Lawn Service, Inc. INSURERB:Wesco Insurance Com an 2200 NW 23rd Avenue Miami FL 33142 INSURERC:Travelers Insurance Co. CL INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' pOLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS p, X GENERALLIABILITY PSP0006407-00 11~7~2008 11~7~2009 EACH OCCURRENCE $ 1 QQp Qpp }{ COMMERCIAL GENERAL LIABILITY DAMAGE T PREMISES Ea oxursnce $1() 0 0 0 0 CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ ~j 0 Q Q PERSONAL & ADV INJURY $ 1 Q ~ 0 0 ~ 0 GENERAL AGGREGATE $ 2 0 0 0 0 0 0 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2 0~0 t)p~ POLICY X PRO- LOC Pesticide H rb 1 0 0 000 $ }i; AU TOMOBILELUIBILITY WPP1011946-0 11~7~2008 11~7~2009 X ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS ~ ( Per person) X HIREDAUTOS / f /~/~~ v BODILY INJURY $ X NON-OWNEDAUTOS (Peracddent) P ROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTOONLY-EA ACCIDENT $ ANYAUTO EA ACC OTHERTHAN $ AUTOONLY: AGG $ C X EXCESSfUMBRELLALIABILITY QK06502023 11~7~2008 11~7~2009 EACH OCCURRENCE $ 5 000 B()0 ~{ OCCUR ~ CLAIMSMADE AGGREGATE $ 5 000 000 $ DEDUCTIBLE $ }~ RETENTION $ 1 Q $ WORKERS COMPENSATION AND ' WCSTATU- OTH- I EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? If d ib d E.L. DISEASE-EA EMPLOYEE $ yes, escr e un er SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY EN DORSEMENT /SPECIAL PROVISIONS ontract #19-08/09 - Grounds Maintenance Service - South Pointe Park ertificate Holder is named as additional insured with respect to General Liability. I.CK I IFIGA 1 t MULUtK !`Adlf`CI 1 ATIA~1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Miami Beach BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Procurement DiV1S1On WILL ENDEAVOR TO MAIL <30> DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 1700 Convention Center Drive SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Miami Beach FL 33139 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE. r+a.vlcv ca rcuu uval ©A'CORD CORPORATION 1988 OP ID JL ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYWY} _ SUPER-8 05/29/09 PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketers , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2500 Douglas Road Suite 712 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gables FL 33134 Phone:305-442-9507 Fax:305-447-8527 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Hartford Ins .COS of SE INSURER B: NAIC# 38261 Superior Landscaping & Lawn Services, IAC. INSURER C: P.O. BOX 35-0095 INSURER D: Miami FL 33135 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTR,4CT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MM7DDMf) LIMTTS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence} $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPlOP AGG $ POLICY jE7 LOC AUT OMOBILE LIABILfTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS / / 0~ (Per person) $ HIRED AUTOS (~ BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE P $ ( er accident) GARAGE LWBILfTY AUTO ONLY - EAACCIDENT $ ANYAUiO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LU161LITY - EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYE ' X TORY LIMITS ER A RS LL4BILITY ANY PROPRIETORlPARTNERlEXECUTIVE 21WBNU 18 7 7 12 U 1 / /08 12/O1/O9 E.L. EACH ACCIDENT $ iDQQQQQ OFFICER/MEMBEREXCLUDED'? If d ib d E.L. DISEASE-EA EMPLOYEE $ 1OOD000 yes, escr e un er SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $looooo0 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES (EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECUIL PROVISIONS Contract 19-08/09- Grounds Maintenance Service-South Pointe Park. Coverage are subject to the terms, conditions, deductibles and exclusions as show on the policy. * 10 days notice of cancellation for non payment of premium. GCK I IhIGA I t MOLDER CANCELLATIAN CITYMIB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATON DATE THEREOF, THE ISSUING WSURER WILL ENDEAVOR TO MAIL * 3O DAYS WRITTEN CITY OF MIAMI BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILVRE TO DO SO SHALL PROCUREMENT DIVISION 1700 CONVENTION CENTER DR. IMPOSE NO OBLIGATION OR LL4BILtTY OF ANY KIND UPON THE INSURER, fiS AGENTS OR MIAD~ BEACH FL 33139 REPRESENTATIVES. P~[Zii D•RE RESENTATNE n~.vnv ~a tcuu uva~ ©ACORD CORPORATION 198$