Ronald M. Gibbons, Inc. MIAMSEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: Fencing Services
CONTRACT NO.: 40-11/12
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 may be renewed,
at the sole discretion of the City, through its City Manager, for two (2)
additional'one (1) year term.
SUPERSEDES: 12 -08/09
CONTRACTOR(S): Ronald M. Gibbons, 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 September 18, 2012, for approval to award a contract,
upon execution between the City of Miami Beach, Florida, and Contractor.
B. EFFECT - This Contract is entered into to provide for the purchase of fencing services,
pursuant to City Invitation to Bid No. 40 -11/12 and any addenda thereto (the ITB), 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 40- 11/12.
D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to City of Miami Beach, Duane Knecht, Property
Management Division Director at 305 - 673 -7000 ext. 2914.
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 Contractor 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.
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Certification of Contract
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, or services 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) and /or work 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 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.
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.
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Certification of Contract
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
Procurement Director
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
City Clerk
City Clerk Office
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor
Ronald M. Gibbons, Inc.
472 N.E. 191 Street
Miami, Florida 33179
Attn: Ronald M. Gibbons
Phone: 305 - 652 -5845
Fax: 305- 652 -9304
E -mail: rmginc.est(a,comcast.net
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
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
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Certification of Contract
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 insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB 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; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail.
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Certification of Contract
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IN WITNESS WHEREOF the City and Contractor ave caused this Certification of Contract to I
be signed and attested on this day of Ut[ , 20_L_�, by their respective duly
authorized representatives.
1
CONTRA TOR CITY OF MIAMI BEACH
By
P es ident! Signature Mayor
onald M. Gibbons
f - Print Name Date
¢ 'September 20, 2012
-
'Date n
ATTEST: ST:
�
Se retary/ Signature INCORP ORATED' City Clerk
Ronald _M :r Gibbons
Print Name C'�-J 26� Date
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September 20, 2012
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Date
APPROVED AS TO
FORM & LANGUAGE
& FnR EXECUTION
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F.\PURC \$ALLISHIRLEY \contracts \ITB- 46 -11 -12 Ronald.doc
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ACRD CERTIFICATE OF LIABILITY INSURANCE 1 0811712012 D
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
COVER ALL INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5800 W. ATLANTIC BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. j
MARGATE, FL. 33063 j 1
PHA 956 -0006 FX 954 956 -0555 INSURERS AFFORDING COVERAGE _ NAIC #
INSURED RONALD M. GIBBONS INC INSURER A: FE DERATED NATIONAL INSURANCE ( _
472 NE 191st STREET INSURER a: I
MIAMI FLORIDA 33179 INSURER c
(305) 652 -9304 - TmgFnc.est@comcast.net 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.
1NSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ` LIMITS
(GENERAL LIABILITY EACH OCCURRENCF _ __- $ 1 _ - -_ --
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GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG : S 2. 000,000
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FENCE ERECTION CONTRACTORS I UNDERGROUND COVERAGE INCLUDED
BIB NAME: FENCE SERVICES
ITBNO: 40 -11112
CITY OF MIAMI BEACH IS ADD'L INSURED WIRH RESPECT TO THE GENERAL LIABILITY POLICY.
CERT(F[GATE HOLDER CANCELLATION
SHOULD ANY OF BOVEDESCRIBEO POL ECANCELLED BEFORE THE EXPIRATION
CITY OF MIAMI BEACH DATE THEREOF, E - UING INSURER WILL O � TO MAIL 30 DAYS WRITTEN
1700 CONVENTION CENTER DRIVE NOTICE TO THE CE ATE HOLDER NAME THE LEFT. BUT FAt URE TO 00 SO SHALL
MIAMI BEACH FL 33139 IMPOSE NO O Ti A URER, ITS AGENTS OR
REPRESENT TIVES_
[AUTHORIZED ' RESENT TIVE
ACORD 25 (2001108) 19 ACORD CORPORATION 1988
' ' CERTIFICATE OF LIABILITY INSURANCE ° 08/17/2a z'
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
REPRESENT OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poltcypos) must be ondorsoa. It SUBROGATION 13 WAIVED, subject to
the terms and Conditions of tho policy, cortain policlos may roqulra an ondorsement. A atatoment on this eortifleate does not confer rights to tho
cortlflcato holdor In lieu of such ondorasmarit s .
PROOUCt*R e• CANDIDA R MCCULLOM
Cloverleaf insurance Brokers PHONE 305.6551 QQ6 "�
18314 NW 7th Avenue MAC
Mlami, Floridm93139 AADRlft. T can dV rl'C�C IOVr dg FI cdm
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471 NE 191 STREET
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INSURBR D
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COVERAGES CERTIFICATE NUMBER: REVISION NtJMBER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATeO. NOTWr11a$TANDING ANY 11CQU1REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI•IGR DOCUMENT WITH Rc$PCCT TO WHICH THI$
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION$ OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR TYPO OPINSURANCO Po%xY NUMBER POLICY 9124. MMI POLICY P 1.1�6Ts
.hIR GENERALLU1a1LTY E/++rHOCGURR $
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AddlU*M WWUM& Tm Clty of MIem Bn& SID NAME: FENCE SERVICES ITS NO: 40 -11112
SHOULD ANY OF THE ABOVE DESCRISI =O POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CERTIFICATE HOLDER CANCELLATION
The City Of Mia B e a ch SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 88 CANCELLED BEFORE
1700 Convention Center Drive THE EXPIRATION DATE THEREOF, NO'nC& WILL BE DELIVERED IN
Miami Beach, Florida 33139 AC Ca AMCa WITH THE POLICY PROVISIONS
Au RI REPAgwNTATIVE
01988.2009 ACOF90 CORPORATION. All rights reserved,
ACORD 28 (2009/08) The ACORD name and logo are registered marks of ACORO
1 ® DATE (MMIDONYYY)
A CERTIFICATE OF LIABILITY INSURANCE
F 08/1712012
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.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to
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).
CONTACT
PRODUCER
NAME:
PETERSEN INSURANCE AGENCY PHONE Ert. 305- 653 -0333 ( FAX . x: 305 -65 -2391
NORTHEAST AGENCY INC. ADDRESS: CPETERSEN2@ALLSATE.COM OR SFL14803@ALLSTATE.COM
PRODUCER
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INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA, TWIN CITY FIRE INSURANCE
RONALD GIBBONS INC. INSURER I THE HARTFORD
472 NE 191ST STREET MIAMI, FL 33179 INSURER C:
INSURER D :
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADD S UEIRI POLICY NUMBER PO EFF POLICY EXP LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurronce $
CLAIMS-MADE Fl OCCUR MED ERP one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
i GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
POLICY PRO- LOC GV ( Z $
AUTOMOBILE LIABILITY I � COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Par person) $
ALL OWNED AUTOS BODILY INJURY (Per aoddent) $
SCHEDULED AUTOS
PROPERTY DAMAGE $
HIRED AUTOS I (Per accident)
NON -OWNED AUTOS I $
I $
F A LIAB OCCUR t EACH OCCURRENCE $
IAR H CLAJMS AGGREGATE $
LE $
N S $
WORKERS COMPENSATION X I WC STQ1 O7H-
AND EMPLOYERS' LIABILITY -
X ANY PROPRIETORIPARTNER IEXECUTIVEM NIA 01WECEQ1062 11/1/2011 11/1/2012 E.L. EACH ACCIDENT $100.000
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 500,000
If yes, describe under 100,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
FENCE INSTALLATION AND REPAIR METAL,VINYL,WOOD OR PREFABRICATED CONCRETE
CERTIFICATE HOLDER CANCELLATION
THE CITY OF MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 ACCORDANCE WITH THE POL PR SIONS. 30 -DAYS
BID NAME: FENCE SERVICES ITB NO:40 -11/12 AuTHoRMED
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1911%-2 0 AD PORATION. All rights reserved.
ACORD 25 (200910x9) The ACORD name and logo are registered marks o 0