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Oracle Elevator Company Contractor $149,915 M M MIAMIBEACH C, K CITY OF MIAMI BEACH o l 3 CERTIFICATION OF CONTRACT TITLE: For City Hall Elevator Renovations CONTRACT NO.: 183-2013-MF EFFECTIVE DATE(S): Refer to Section 2.2 of the Invitation To Bid (ITB) No. 183-2013-MF for completion time. SUPERSEDES: N/A CONTRACTOR(S): Oracle Elevator Company (City Hall Elevator Renovation) ESTIMATED ANNUAL CONTRACT AMOUNT: $149,915 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on July 17, 2013, 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 7th Street Parking Garage, pursuant to City Invitation to Bid No. 183-2013-MF 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 183-2013-MF. 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, Anthony Kaniewski, 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. 1 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. 1. 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. 2 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: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 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: Oracle Elevator Company 2315 Stirling Road Fort Lauderdale, Florida 33132 Attn: Lowell Dack, Miami-Dade Account Manager Phone: 954-986-0091 Fax: 954-965-1521 E-mail:- Lowell.dackkoracleelevator.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. 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. 3 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. 4 Certification of Contract IN WITNESS WHEREOF the City and Pontracto ha v caused this Certification of Contract to be signed and attested on this day of 20(�5, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By B Pr en to a a'yo r Lq-ct Print Name Date aJ 1-2-1, - Date ATTEST: ATTEST: Secretary gnature City Clerk ,Cwt -7 t� I t3 Print Name Date Date ro' P�F; LILLIAN NA?ARIO *_ MY COMMISSION#EE 032863 •. � EXPIRE,-Nol ember 21,2014 + p Vp, Bonded 1•hria Natary Pdbiis UndgrWrors F:\PURC\$ALL\MARTA\Bids\12-13\ITB 183-2013 Elevator Renovations draft\Contract\ITB-183-2013 Oracle Elevator.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ,G'it orney Date -1 5 T i ORACELE-01 JMARRILLIA CERTIFICATE OF LIABILITY INSURANCE DATE(MM!OD, , 1/14/2013 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. i IMPORTANT: If the certificate holder is an-ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,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). PRODUCER CONTACT NAME: Neace Lukens-Louisville/Assured NL insurance Agency Inc PHONE 502 894-2100 F'4X 2305 River Road o Ext: (Ft X.Not:(502)894-8602 'Louisville,KY 40206 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC A INSURER A:Hartford Underwriters Insurance Co 130104 INSURED INSURER 6_:Valle Forge.Insurance Company 120508 I Oracle Elevator Company INSURER C:Commerce and Industry Insurance Company 19410 2315 Stirling Road INSURER D:Continental Casualty Com pany 20443 Ft Lauderdale,FL 33312 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 1S SUBJECT TO ALL THE TERMS, EXCLUS IONS.AND CONDI T IONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS# LTR TYPE OF INSURANCE S 'S R POLICY NUMBER POLICY EFF EXP MMIDD MMI'DD DD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 , A n1com MERCIAL GENERAL LIABILITY 13UENOJ6996 1/1/2013 1/1/2014 PREMISES RENTED occurrence 5 100,000 CLAIMS-M ADE FRI OCCUR MED EXP(Any one person) S 10,000 i I PERSONAL&ADV INJURY $ 1,000,000 I GENERALAGGREGATE S 3,000,000 • GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 3,000,0001 ! I. POLICY X PRO- LOC Max Gend Aggre I$ 10,000,000 AUTOMOBILE LIABILITY COMBINED.:SINGLE LIMIT Ea accident $ 1,000,000 B XIANY AUTO 2092499980 1/112013 1./1/2014 BODILY INJURY(Per person) Is ALL OWNED SCHEDULED AUTOS AUTOS i I BODILY INJURY Fer accident) $ X HIRED AUTOS X AUTOS rJED PROPERTY-DAMAGE f AUTOS ff ER ACCIDENT) 15 I $ UMBRELLA UAe j X I OCCUR '{; X�EXCESS uAS �ctalMS-MADE BE018948748 1/112013 1!1/2014 EACH OCCURRENCE 1. 10,000,000 AGGREGATE IS DED RETENTION$ IGen Aggregate. a 10,000,000 WORKERS COMPENSATION x VtlC STATU j I OTH- I AND EMPLOYERS'LIABILITY Y/N 0 t ' ❑ ANY'PRO PRI ETC R/PARTNER/EXECUTIVE a N A '2092499977 1/1/2013 1/1/2014 E.L EACH ACCIDENT $ 1,000,00 OFFICERjMEMBER.EXCLUDED? i (Mandatory.In NH), It yes,describe under E.L DISEASE-.EA EMPLOYEd$ 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 1 3 1,000,000 B Installation/Build 092475002 1/1/2013 111/2014 Installation 1,000,000 I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORO 101,AddltJonal Remarks schedule',If more space is required) land Team Contracting,13911 S.W.42nd St.,Suite 209,Miami,FL 33175 for the elevator modernization fdr Team Contracting job#47258 as respects to !storing($22,65750)for the job at Oracle Elevator's office/warehouse located at 2315 Stirling Road,Ft Lauderdale,FL 33312-6608. 1 i j CERTIFICATE HOLDER CANCELLATION I E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. EXPIRATION DATE THEREOF, ('NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. j 1700 Convention Center Or Miami Beach,FL 33139 I AUTHORIZED REPRESENTATIVE I i Q 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ORACELE-01 JMARRILLIA CER°TIF°I�ATE OF LIABILITY INS�.#AANCE I DATE(MM/DD/YYYY)) 1/4/2013 , 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 j 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 WAIVED,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). ( PRODUCER CONTACT NAME: Neace Lukens-Louisville/Assured NL Insurance Agency Inc a/cNlvo Est:(502)894-2100 aAC N,: 502 894-8602 2305 River Road ( ) Louisville, KY 40206 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC k INSURER A:Hartford Underwriters Insurance Co 30104 INSURED ; INSURER B:Valley Forge Insurance Company 20508 INSURER C:Commerce and Indust Insurance Company 19410 Oracle Elevator Company Industry P 2315 Stirling Road INSURER D:Continental Casualty Company 20443 Fort Lauderdale,FL 33321 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 CONTRACTOR 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. f INSR ADDLISUBR POLICY EFF POLICY EXP ' I LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD MM/DD LIMITS i [�GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE 70 R N ED i A COMMERCIAL GENERAL LIABILITY 13UENOJ6996 1/1/2013 1/1/2014 PREMISES Ea occurrence $ 100,000 j CLAIMS-MADE a OCCUR MED EXP(Any one person) I$ 10,000 I PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ! PRODUCTS-COMP/OP AGG $ 3,000,000 POLICY 0,000 PRO- n LOC I I Max Genrl Aggre $ 10,00 i !AUTOMOBILE LIABILITY I I I i I COMBINED SINGLE LIMIT 1,000,OOC Ea accident $ i B I X ANY AUTO 2092499980 1/1/2013 1/1/2014 BODILY INJURY(Per person) $ ! ALL OWNED SCHEDULED I BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED ( PROPERTY DAMAGE $ X! HIRED AUTOS X AUTOS i I PER ACCIDENT) $ i I UMBRELLA LIAB X OCCUR I EACH OCCURRENCE $ 10,000,000 (', X ! EXCESS LIAB CLAIMS-MADE BE018948748 1/1/2013 1/1/2014 AGGREGATE $ DED RETENTION$ Gen Aggregate $ 10,000,000 WORKERS COMPENSATION I X I STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS R Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE 2092499977 I 1/1/2013 1/1/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $ B Installation/Build 2092475002 I 1/1/2013 1/1/2014 Installation 1,000,0001 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) I i I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Sample Certificate THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i ACCORDANCE WITH THE POLICY PROVISIONS. ; i I AUTHORIZED REPRESENTATIVE I 1 � I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CITY HALL AND 7T" STREET PARKING GARAGE ELEVATOR RENOVATION BID # '183-2013-MFR BID PROPOSAL FORM PAGE 1 OF 2 COMPANY NAME, (99-{A%C-UU— JiL SV%0iV'0V2-- GpyV\1P4N UA\ Vile, the Bidder, shall provide all equipment, tools, labor, and materials necessary for the complete elevator modernization, as described in the specifications/scope of work of these bid documents, at the following lump sum amount: GROUP I. CITY HALL ELEVATOR RENOVATION BASE BID - LUMP SUM AMOUNT: 0 GROUP II. 7T" STREET PARKING GARAGE ELEVATOR RENOVATION BASE BID - LUMP SUM AMOUNT: $ L 610,00 Note: Bid price includes the cost of the maintenance of the elevator during the one year warranty period. 5/10/13 ITB No. 183-2013-MFR City of Miami Beach Page 30 of 44 I