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Contract with - SFM Services, Inc.
CaD ~~~ ~~ CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Parking Lots Grounds Maintenance Citywide CONTRACT NO.: 57-08/09 3~l o EFFECTIVE DATE(S): This contract shall commence the day after date of award by the Mayor and City Commission. The maintenance period shall begin 10 days after receipt of a notice to proceed, and continue for a period of three (3) years, pending available funding. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional two (2) year period on a year to year basis. SUPERSEDES CONTRACTOR(S): ITB 20-OS-06 SFM Services, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on February 3, 2010, for approval to award contracts, upon execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT -This Contract is entered into for parking lots grounds maintenance citywide for the City of Miami Beach, pursuant to Invitation to Bid (ITB) No.57-08/09 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 57- 08/09. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor to provide for parking lots grounds maintenance citywide for the City of Miami Beach according to the requirements of the Contract Documents to Kevin Smith, City of Miami Beach Director for Parks and Recreation Department at 305-673- 7730. 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. 1 Page 2 Certification of Contract 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 perform the work and/or services required under the Contract Documents in a skillful and respectable manner. The quality of 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. 2 Page 3 Certification of Contract 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. 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: City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: Parks & Recreation Department 2100 Washington Avenue Miami Beach, Florida 33139 Attn: Kevin Smith, Parks & Recreation Director For Contractor: SFM Services, Inc. 9700 NW 79 Avenue Hialeah Gardens, Florida 333016 Attn: Christian Infante, Vice President Phone: 305-818-2424 Fax: 305-818-3510 E-mail: cinfante a fmservices.com 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. 3 Page 4 Certification of Contract 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 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 prepared 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, are attached to this Contract and are 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 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this day of 200_, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH `_ , By .~ Mayor 3-~~'-iv Date ATTEST: ATTEST*. City Clerk 3- 9- io Date r' ~ ~~} Date F:\PURC\$ALL\OLGA\BID\BID'S 08-09\ITB 34-08-09 TO PROVIDE GROUNDS MAINTENANCE SERVICE\Con[racts\SFM Services .doc APPROVED AS TO FORM & LANGUAGE tk FOR EX~ CUTION 3~~--~u or ley ~ `` Date ~1 5 Date ~.1r ~_F ~~~~_ Print Name FOR PARKING LOTS GROUNDS MAINTENANCE CITYWIDE ITB No. 57-08-09 COMPANY NAME: ~~l1'I ~c ~'v • ~p S --i--,-~G SCHEDULE OF VALUES Provide unit price/price per service for the services listed below. These prices will be utilized by the City should the addition/deletion of services be re aired. SOUTH LOTS GROUP"A" LEVELI SOUTH LOTS GROUP"A" LEVEL2 SOUTH LOTS GROUP"A"LEVELS UNIT PRICE UNIT PRICE UNIT PRICE Turf Mowing $ $ F'n $ C Grass Trimming and Ed ing $ ~ (~ $ ~~ $ ~' g Shrub Pruning $ $ $ Groundcover Prunin $ ~ $ ~ $ g Tree and Palm Prunin $ : C~c~ ~~ ~J ~ $ E' c ~ y ~~, $ ~1 g , ~ t Weed Control $ L~: $ ~; $ ~. Litter Control $ uc $ - ~~ $ C C' Trash Receptacles Services $ ~ $ ~ $ Turf Fertilization $ ~~ ~~~-6 $ ~ C ff,, ~ v. $ Shrub and Groundcover $ ~ 3~, $ k~ ~~i~i . $ ~~ Fertilization Tree and Palm Fertilization $ ~ oO h'b $ ~~`~ f;p C li $ ~~ pa a - * Note: Grass trimming, edging, shrub pruning, & ground cover pruning is included in the turf mowing price. ITB 57-08-09 september 7s, zoos ~ Note: Trash receptacl~t§~~,ligluded in the litter control price. 60 of 85 .-~ _^_ .~ i- r~ r- r^ i- e^ r- .. FOR PARKING LOTS GROUNDS MAINTENANCE CITYWIDE ITB No. 57-08-09 COMPANY NAME: C~~%'1'I ~~~ ; ~c~ S ~- SCHEDULE OF VALUES Provide unit price/price per service for the services listed below. These prices will be utilized by the City should the addition/deletion of services be re aired. NORTH LOTS NORTH LOTS NORTH LOTS GROUP "B" LEVEL I GROUP "B" LEVEL 2 GROUP "B" LEVEL 3 UNIT PRICE UNIT PRICE UNIT PRICE Turf Mowing $ - C(~ $ C'C% $ 't7~ Grass Trimming and $ ~. ~ $ (\"~, $ Edging ' V( Shrub Pruning $ `-~~ $ ~-aC $ Groundcover in P $ $ $ run g Tree and Palm Pruning $ .~ ``- ~ ~~ ~~J• $ f +' ~-a `~ "~ ~~ $ Weed Control $ ~~ $ ~ ~~ $ `--Y Litter Control $ p0 7~] ~~> $ - q q ~ I~ I ~~ ,~ $ ~ ~~Q ~~' I Trash Receptacles $ ~ $ ~ $ j~"1 l~/ Services Turf Fertilizatio^ $ \ ~~.~, ~ ' $ Shrub and Groundcover $ ,r Gam, ~~~ $ ~ yy'~~ ~~' ~.~(.J $ ~~ Fertilization [[[~~~ , Tree and Palm ti tili F $ ~;(/ ~° $ ~ bo ©~' $ za on er * Note: Grass trimming, edging, shrub pruning, & ground cover pruning is included in the turf mowing price. ITB 57-08-09 September 15, zoos * Note: Trash receptacleeii~ir{rd~e,i$~~]uded in the litter control price. 61 of 85 ,•- I^ ~" /` /'~ r" T GROUP "A" SOUTH LOTS -PROVIDE COST PER SERVICE FOR EACH SITE. These prices will be utilized by the (;ity should the addition/deletion of sites be re aired. Lot # Location Cost Per Full Service LOS gnnual Total PAL 11th Street /Jefferson Avenue $ $ . "" 30 $ ~f ~. Penrod's Bisca ne Street /Ocean Drive $ t,/ . `" 24 $ I S ,. Vc~ Mich. Ave. 15th Street /Michi an Softball Lot $ `" 30 $ (~; O; "` So Pt South Pointe Park -Restaurant uc' $ " ~' '. 3p $ °1 ~~', or 1A 1st Street/ Ocean Drive $ ' ~` 24 $ ~'~`;."` 4AL 4th Street / Alton Road $ `{' . C•` 24 $ ~ L%5 ,. 4C 17th Street /West Avenue E icure c~c $ .. ~ ~ 24 $ ~ ~~ ° r! `' ° 4D 16th Street /West Avenue ec . $ ~ ~ 24 $ ~ ~S,' •`"e 4E 18th Street / Purd Avenue south c " $ Litter/Trash only $ j `` 5C 18th Street /Conv. Center Drive $ 2~ `` 30 $ (--(f~, c `O 5M 777 17th Street construction $ 00 30 $ ~ ZL`." 66 21st Street / Collins Avenue construction $ 9~,°`' 30 $ . . ~ yP. `"~" 10A Lincoln Lane N / Lenox Avenue west $ ' ~' ` 30 ~~., $ ~ 1.=C'%. 1 OC Lincoln Lane N /Meridian Avenue $ nc' 30 $ ~-E (', 10D Lincoln Lane S /Jefferson west $ ~ 2.-°c 30 $ ~~r' o~ 10E Lincoln Lane S /Jefferson east $ c'o 30 $ C• Oe 10F Lincoln Lane S /Euclid west $ ~,~ ~ 30 $ ~ c'~ ~ (j. 1 OG Lincoln Lane S /Michi an west _ $ ~. 30 $ , ~ O. 10X Lincoln Lane N / Lenox east * J $ max, 30 c r $ ~ 0.. 11X 11th Street / Collins Avenue construction $ `'c~ Litter/Trash only $ ~ rF 12X 9th Street /Washin ton Avenue $ • ~° 24 c- o $ C'~ _ 13X 10th Street /Washin ton Avenue $ ~ (-;. ~ ` 24' `~ $ S D''-~.cc 16D 34th Street / Collins Avenue $,~.~,-`" 24 $ S~~~j-` ° 16E 35th Street / Collins Avenue $ °" 30 r: $ "j ~F'C. 23rd St. and Libert E & W sides $ (- ,. ~` 30 ~ ` ~ '! _ ~` 27th Street / Collins Avenue $ ,' S. tD 30 $ ~ ~ cr. Pref. Lot 19th Street /Conv. Center Drive $ 4• 1 G 7th Street / Collins Avenue ara e $ `"~O 24 $ `i ~ ~ • `~ 2A 12th Street / Drexel Avenue ara e $ ,, , c'° 30 $ ~ ~ k t urn 2B 6th Street /Meridian Avenue $ l6 24 $ S 2G 17th Street /Meridian Court ara e $ t" 30 $ ~~' ~ c` 5A 17th St. Washington Ave include grass area alon east side of lot artial const to $ ' . 30 $ 'Z. c" 5F 18th Street /Meridian Avenue $ ~{ -~` 24 $ ` "-[:. °` ~ 5H 19th Street /Meridian Avenue Holocaust $ y . `'"O 24 $ ~ L-- . ' ` 7C 17A 6th Street / Collins Avenue 13th Street / Collins Avenue ara e $ ..~ .°`' $ 1 ,-,Z.C` 24 30 $ 52~.'" $ cr 176 13th Street Provisional Lot $ ~ v2. rC 12 $ (,` 17X 13th Street / Collins Avenue 68 Washin ton Ave $ °~ ` $ ~2 • "" 24 24 $ `~` ~ • • cr 10H Behind Lincoln Rd Movie Theater $ ~. e` $ ~ 1837 Ba Rd $ ~``~ ~ ~~ 24 $ / ~ ~ S~ • OA ANNUAL TOTAL GROUP "A" $ (o~. ISIS."~ r r r i r r i s I i ITB 57-OS-09 September 15, 2009 City of Miami Beach 62 of 85 ~^ r- r .- r .r r~+ r /~ r+ ,~- r^ r" .. ... n n Group "B" North Lots -Full Service Landscape Maintenance PROVIDE COST PER SERVICE FOR EACH SITE. These rices will be utilized b the Ci should the addition/deletion of sites be re aired. Lot # Location Cost Per Full Service LOS Annual Total 8A 42nd Street / Sheridan ara e $ `7."° 30 $ ~ L 0 `.=` 8B 42nd Street / Ro al Palm Avenue $ i1. L° 24 $ ~ `~ ~ u ~ 8C 40th Street /Chase Avenue ~~' $ (c~~-,. 24 $ ~ ~` 8D 47th Street /Pine Tree Dr. $ ? "" 24 $ ~ =~ 8E 41 st Street / Alton Road $ "` 30 $ (- ~0 °J 8F 42nd Street /Jefferson Avenue $ ~,~,_" 24 $ ~ ~,' ~`J 8G 40th Street / Ro al Palm Avenue $ i-( ~'° 24 $ ( ~ S n .`-'-" 8H 40th Street /Prairie Avenue $ ~R.c_,` 24 $ I ~~ ~ `~~ 9A 71st Street / Hardin Avenue west r.~, $ 24 e~~ $ ~` S ~ , 9B 72nd Street / Collins Avenue $ ~ 3~ .u' 30 $ ~ -G. G-' 9C 71st Street /Carl le Avenue $ [<~(^ . ~`° 24 $ ~ ~C ~ `'" 9D 71st Street / Bonita Drive ~ y ~~ $ ~`~. 24 $ ~ I ~ a `~ 9E 71st Street / Hardin Avenue $ "' 24 $ ~= 9F 75th Street / Collins Avenue $ _ ~,~~~ 24 $ 3 bpi. U`-' 18A 64th Street / Collins Avenue $ ~ ~ '~, ~' 30 $ "' "`-' 18X 65th Street /Indian Creek Rowin $ ~,G, ~c 30 $ ~ ~ ~S~ -°` 19B 53rd Street / Collins Avenue $ ~ ~ ."`~ 24 ~ G~ $ 19X 46th Street / Collins Avenue $ ~ ~. ``' 30 _ $ ~ `-~r' 25X 71st Street / Bonita Drive $ `~,~' 24 $ ~ c o 26A 80th Street / Collins Avenue $ ~ -,, c"Y' 30 $ ~,`•'°~ 26B 84th Street / Collins Avenue $ '~. `Y' 30 $ p -"=' 26C 79th Street / Collins Avenue $ ff`f. "' 24 $ ~S u~ 26D 83rd Street / Collins Avenue $ ~ f?. ~`' 24 $ ~~ ~ `-` 22X 72nd Street /Carl le Avenue $ ` ~ 24 $ ~~~s 23X 83rd Street /Abbott Avenue $ `"' 12 $ `~ ~~ 24A Normand Drive / Ba Road north $ r "' 30 $ ~ (7.```' 24B Normand Drive / Vendome $ ~:~,,, "' 24 $ `6 ~ ='- 24C Normand Drive / Ba Road south $ ;Z~.~ 24 $ -~ :"J - 47`" St. at Miami Heart ~: $ ~~. 30 $ D ; ~_~ 71 st b Park Isle A is $ ln(v • cc: 24 $ ~ cj ~~. `~"~ Lake Pancoast Dr. $ ~/~( `'`~ 24 $ ~ 15 c~~ 87"' Terr & Collins - East side $ ~~ - 24 $ ~1 ~'' 8040 Tatum wa $ ' ~,. L'` 24 $ `- ~`~~ ANNUAL GRAND TOTAL GROUP "B" $ S~ 3~,°C ITB 57-08-09 September 15, 2009 City of Miami Beach 63 of 85 r^