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Enterprise Electrical Contracting
~9, m MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Paz•king Lots Utility Maintenance CONTRACT NO.: 29-09/10 GAF EFFECTIVE DATE(S): This contract shall remain in effect for. a period of two (2) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years provided pricing remains the same. SUPERSEDES: N/A .CONTRACTOR(S): Enterprise Electrical Contracting, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $39, 000 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida; on June 9, 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 to provide for parking lots utility maintenance for the City of Miami Beach, pursuant to City Invitation to Bid (ITB} No. 29-09/10 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 29- 09/ 10. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor for parking lots utility maintenance according to the requirements of the Contract Documents to Fred Beckmann, City of Miami Beach, Public Works Department Director at 305-673-7000 ext. 6012. . 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. 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 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 fmal product(s) provided to or on behalf of City shall meet the City's cleanliness standards for City facilities and parking garages. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard . of the City of Miami.Beach. Asa .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 Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Fred Beckmann, Public. Works Department Director City of Miami Beach Public Works Department • 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: • Enterprise Electrical Contracting, Inc. 9401 N.W, 106th Street, Ste. 103 Medley, Florida 33178 Attn: James R. Bill, President Phone: 305-884-6540 Fax: 305-884-6541 Email: barbara(a~enterpriseelectrical.net L. MATERIALITY AND WANER 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. 3 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 irr 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 and contractor have caused this Certification of Contract to be signed and attested on this ~~-'~ day of ~uwt'" 20-0, by their respective duly authorized.. representatives. CONTRACTOR ,~ By, ~~ ~:. ~~ ,= X President/ Signature ~ ,.< ,~.,,v<' ~, `"" ~ ;°` ~~ 4 4 , ~r ~~~m~s ~Z . `~~ 11 m ~~ ;:~W ~ Print Name ~,~ ti - `- ATTEST: ,- !I`~ Signature Print Name Date CITY OF MIAMI BEACH By ~ . ~i ayor ~/ ~u~E ao10 Date ATTEST: ~~ ~~~~ r City Clerk a ~ ~u iy ~. ~Zo FO Date F:\PURC\$ALL\OLGA\IiID\I3IDS 09-10\ITB 29-09-10 FOR PARKING LOTS UTILITY MAINTENANCE\Contract\29-09-I0 Enterprise Electriadoc APPROVED AS TO FORM & LANGUAGE ~ FOB? EXECUTION 5 ~~ it horn®y'~ (- Date ~R°® CERTIFICATE OF LIABILITY INSURANCE OP,D AS DATE(MNVDD/YYYY) 06 15 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. e ce I Icate o er Is an , t e po Icy les must en orse , su sec o the terms. and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). rAx International Insurance Center A/c No Ext: PJC, No: 7990 SW 117 Ave Suite 2O9 ADDRESS: Miami FL 33183-3845 - cusroMERID#. ENTEREL Phone:305-279-5446 Fax:305-279-4045 INSURER(S)AFFORDINGCOVERAGE INSURED - NAIC # INSURER A: TravelErS IIISllranCe 018674 Enterprise Electrical wsuRER B: • Contracting Inc 9401 NW lObth St Suite lO3 INSURER C: Medley FL 33178 ' INSURER D: --- - ~ INSURER E:. - INSURER F: C~VER/4GES C`FRTIFICATF All IMRCD-• THIS IS TO CERTIFY THAT THE POLICIES OF IIJSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB OVE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED $Y PAID CLAIMS. LTR TYPE OFINSURANCE E L INSR WV POLICY NUMBER (MMIDD/YWY) (MMIDD/YWY) LIMIT S G NERA LIABILITY - ' - EACH OCCURRENCE $ lOOOOOO A X COMMERCIAL GENERAL LIABILITY DTC07208P303TIA10 0327/10 03/27/11 pREMISES E 300000 •CL ^ ( aoccurrence) $ AIMS-MADE X OCCUR MED EXP A ( ny one person) $j O Q O X PERSONAL&ADV INJURY X . $ lOOOOOO XCU Included GENERAL AGGREGATE GE N'L AG G $ 2000OOO GRE ATE LIMIT APPLI ES PER: PE a PO .PRODUCTS-COMP/OP AGG $ 2000000 LICY X LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO DT8107208P F1O 03~27~ 0 0 (Ea accitlent) ~ $ ~. r OOO r OOO ALL OWNED AUTOS 1 327/11 BODILY INJURY (Perpersoh) $ SCHEDULED AUTOS ][ " BODILY INJURY (Per accident) $ X HIRED AUTOS ~~ ~~ I - PROPERTYDAMAGE $ 111 Z / (Per accident) X NON-OWNED AUTOS 6 / $ $ A UMBRELLALIAB - EXCESS IAB X OCCUR DTSMCUP72OSP3O3 03~27/lO 0327/11 EACH OCCURRENCE $ 4 OOO OOO L CLAIMS-MADE ~ AGGREGATE $ 4 OOO OOO DEDUCTIBLE X RETENTION $ lO OOO WORKERS COMPENSATION $ ANDEMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANYPROPRIETORIPARTNER/EXECUTIV OFFICER/MEMBER EXCLUDED? ~ /A E. L. EACH ACCIDENT S (Mandatory In NH) If yes, describe under ~ E.L. DISEASE - EA EMPLOY S DESCRIPTION OF OPERATIONS below ~ ~ E.L. DISEASE- POLICY LIMIT g DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 107, Adtlltlonal Remarks Schedule, K more space Is required) • Re For Parking Lots Utility Maintenance ITB 29-09/10 Cit f Mi i y o am Beach is listed as an additional insured on the General Liability and Business Auto Policies. Contractual Liability Included. R CE TIFICATE HOLDER r_anlcFl I ertnnl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYMBE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVENED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach 2nd Floor AUTHORIZED REPRESENTATIVE 1700 Convention Center Drive Miami Beach FL 33139 ~~ ~i 1~...r<~ ~~ tcuu~/va) I ne AlcUKU name and Idgo are registered marks of ACORD OP ID $$ DATE (MMIDD/YYYY) ACORD,. CERTIFICATE OF LIA~ILITV INSURANCE ENTER-2 05/13/10 _ PaooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Slaton Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR " O Box 220537 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Beach FL 33422 :. shone:561-683-8383 Fax:561-684-5995 INSURERS AFFORDING COVERAGE NAIC# INSURED ~ ', JNSURERA: aridgefield Employers Ins.Co. 10701 INSURER B: Enterprise EleCtrlCal INSURER C: Contractingg, Inc. 9401 NW lObth Street Suite 1O3 INSURER D: Medley FL 33178-1241 - INSURER E: .:OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY.REQUIREMENT, TERMOR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 'fHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCFI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: INS LTR ~~ NSR TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ MF;GE 1"OBE COMMERCIAL GENERALLIABILITY - PREMISES (Ea occurence) $ CLAIMS MADE^ OCCUR MED EXP (Any one person) $ , PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO- n LOC JECT I AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OW NED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS .HIRED AUTOS `'v BODILY INJURY $ NON-OWNED AUTOS - (Per accident) /~ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO v OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ $ .DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER A EMPLOYERS' LIABILITY 0830-44953 05/21/10 05/21/11 E.L. EACH ACCIDENT $ 1, 000, 000 .ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ~ E.L. DISEASE - EA EMPLOYEE $ 1 , O O O , O O O I( yes, describe under SPECIAL PROVISIONS below ~ ~ E.L. DISEASE -POLICY LIMIT $ 1 , O O O , O O O OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS RE: Parking Lots Utility Maintenance ITB 29-09/10 *STATE OF FLORIDA STATUTES MANDATE TEN (10) DAYS NOTICE OF CANCELLATION FOR NON PAYMENT & FORTY FIVE (45) DAYS FOR NON RENEWAL rcancirn~rG unl nGfa CANCELLATION CITYMIA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 O DAYS WRITTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CITY OF MIAMI BEACH 17 0 0 ,CONVENTION CENTER DR REPRESENTATIVES. MIAMI BEACH FL 33139 auTHORIZED ~sEN E ACORD 25 (20011081 ©ACORD CORPORATION 1.988