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Certification of Contract MB Convention Centerm NIiAMIBEACH ~7v_ ~a/7/oy CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: EMERGENCY CONTRACT FOR REPLACEMENT OF THE B HALL BUS DUCT AT THE MIAMI BEACH CONVENTION CENTER EFFECTIVE DATE(S): Resolution No. 2007-26687, dated October 17, 2007 SUPERSEDES: N/A CONTRACTOR(S): EH Edd Helms Electric CONTRACT AMOUNT: $697,865 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on October 17, 2007, a Resolution No. 2007-26687 was approved to ratify an emergency contract between the City of Miami Beach, Florida and EH Edd Helms Electric. B. EFFECT -This Contract is entered into to provide Emergency Replacement of Exiting 277/480V, 2000AMP Aluminum Bus-way located in Hall B of the Miami Beach Convention Center, in accordance with Contractor's proposal, dated September 27, 2007. C. ORDERING INSTRUCTIONS - A blanket purchase order 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. The blanket purchase order shall show the approved City of Miami Beach Resolution No. 2007-26687. D. CONTRACTOR PERFORMANCE -City of Miami Beach shall report any failure of Contractor to perform according to the requirements of the Contract Documents to Angelo Grande, SMG Facilities Manager at 786.402.8044 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 commencement of any services/work by Contractor. 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. In addition, Contractor shall not subcontract any portion of the work and/or services required by the Contract Documents. Contractor warrants and represents that all persons performing any 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 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. Services and/or work provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such 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. 2 Page 3 Certification of Contract 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: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: Angelo Grande, SMG Facilities Manager Miami Beach Convention Center Public Works Department 1901 Convention Center Drive Miami Beach, Florida 33139 For Contractor: EH Edd Helms Electric 17850 NE 5 Avenue Miami, Florida 33162 Attn: Joseph M. Komarmy 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. 3 Page 4 Certification of 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 tei-~ninate 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. This Contract and all addenda issued, and Contractor's proposal, dated September 27, 2007 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 and (ii) Contractor's proposal, dated September 22, 2007, the more stringent provision (as enforced by the City) shall prevail. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City ~,pd Contractor have caused this Certification of Contract to be signed and attested on this ~ day of ~CToB~ , 2007, by their respective duly authorized representatives. CONTRACTORINAME CITY OF MIAMI BEACH, FLORIDA B Y~~ (~c President/ Signature ~ ~ d~ E~~ Vl~ ~ ~ Print Name By ~~ Mayor Matti H. Bower ATTEST: ~~' Secretary/ Signature Print Name ~l7")t~ s S: . ~o~'i Iq ,vS f3 F:\PURC\$ALL\KENNETH\Contracts\helmCertification of Contract#2.doc ATTEST: City Clerk Robert Parcher APPROVED AS TO FORM & LANGUAGE 6~ FOR EXECUTION /z//y/a ty om ate ~ceUence EH Edd Helms srrvcE Electric rJo. "1975" 2007-11-13-Jmk-1 STgTE L1C 8000339 Please remit to 17850 NE 5 Avenue, Mlaml FL 33162-1008 Dade: (305} 653-2520. (800} 329 -2520. Fax: (30S} 651.5527 Customer: SMG 1901 Convention Center Drive Miami Beach, FL 33139 Attn: Angelo Grande Ph: 305-f 73-7311 Fax:78&-276-4344 OUTSIDE TESTING SERVICE INSTALL LABOR MATERIAL RENTAL EQUIPMENT DISMANTLE LABOR Submitted by, Edd Helms Electric Jo ph omarmy - ~~ a President ovember 13, ?.U07 Date Location: Miami Beach Convention Center 1901 Convention Center Drive Miami Beach, FL 33139 Re: TEMPORAY WORK RELATED TO BUSS FAILURE $12,500.00 $39,386.00 $57,480.00 $ 7,334.00 $30,800.00 TOTAL LUMP SUM PRfCE: $'147,500.00 Accepted by, Customer Authorized Signature 6 Title Date COAhMlSSION tT~M SUMMARY A Reso{ution ratifying an emergency contract with Erad Helms Electric in the amount $ti97,865.00 for replacement of the B Hall buss dact at the Miami Beach Convention Center ____ Key Intended Outcome Supported; Ensure well maintained facilities Supporting Data (Surveys, Environmental Scan, etc.): About 213 of residents say they go to the ~ Convention Center or Jackie Gleason Theater at least once a month. Issue: Should the City ratify an emergency contract with Edd Helms Electric for replacement of the B Halt Buss Duct at the Miami Beach Convention Center? Item The B Hail Buss Duct {one of three in B Halt) failed on the opening day of HD Boutique on September 18"', 2007. The buss duct supplies power to six airhandlers on the East side of B Hali, two airhandlers in B Lobby, the A/B registration area, AIB concession stand, lighting in B 1~` and 2"d level ballrooms, and other ancillary areas. Edd Helms was the electrical contractor for HD Boutique (and the sub-contractor for electrical during the construction of A/B Halls) and was extremely pra-active in providing temporary power to comple±e the HD Boutique Show. Currently, Edd Helms Electric has worked with Convention Center Staff to supply temporary power to Centerplate's dishwasher, the A/B concession stand, the Business Center air-conditioning, and the skywalk lights. However, generated power will be needed to meet the requirements of Managing SAP Programs (October 19-24, 2007), and Minority Suppliers (October 25- November 1, 2007 for the B 1 s` and 2rd level Ballroom lights. All other events scheduled for this area have been moved based on the availability of space. In addition, manufacturing of the new electrical buss duct has begun, with scheduled delivery for mid-November. installation is scheduled to begin November 23'", 2007 following the move out of the Auto Show. In order to accomplish this work, the Administration is requesting ratification of the emergency contract entered into with Edd Helms Electric in the amount of $547,865.00 for replacement of the B Hail buss duct, and approximately $150,000.00 for temporary services. pry Board Recommendation: is an emergency Item. The Convention Center Advisory Board will be informed at the next T: Financial Information: Source~l `S.tJ :, ~ G`~ l c Kpr lY~y ~, _ Fund `;,,, , .,_,,. , $547,865.00 442-2548-069358 ~~:;<`_ :~ti ,< ~>:~;~ $150,000.00 442-2548-069358 :`,.... ~;~: O 1 ~ :i. $697,865.00 442-2548-069358 Financial Impact Summary; This is an emergency non-budgeted capital improvement. The Administration recommends using funds from the FY2007/OB airwali project, and subsequently, reimbursement from excess funds anticipated to be available from the Siemens A/C retrofit ro ect for the Miami Beach Convention Center. J Max Sklar, Tourism and Cultural Development Director ~ Slgn~ffs• f ~~ a;' pt y ~ ; ; ~ ~ a~4~~ } . D Ot) 17U71ConsentlElectrical Bu Duct Commission Summary 2.do L/ V MIAMIBEACH 317 U y v AGBINDA iITEM ~ 7 DATE ~~ ~7~~7 Nk} m MIAMBEACH City of Miami Beaeh, 1700 Convention Censer Drive, Miami Beoeh, Florido 33139, www.miamibaachfl.gov COMMISSION MEMORANDUM 70: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 17~', 2007 SUBJ(;GT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFIlING AN EMERGENCY CONTRACT WITH EDD HELMS ELECTRIC, IN THE AMOUNT OF SIX HUNDRED NINETY-SEVEN THOUSAND EIGHT HUNDRED ANO SIXTY-FNE DOLLARS (~G97,865.00), ENTERED INTO ON SEPTEMBER 27, 2007, FOR REPLACEMENT OF THE HALL B BUSS DUCT AT THE MIAMI BEACH CONVENTION CENTER; AND FURTHER AUTHORIZING THE USE OF~ CONVENTION CENTER AIRWALL FUNDS AND, SUBSEQUENTLY, ANY EXCESS FUNDS FROM THE SIEMENS A/C RETROFIT FISCAL YEAR 2008/07 CAPITAL PROJECT. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed resolution. BACKGROUND The B Hall Buss Duct (one of three in B Hall) failed on the opening day of HD Boutique on September 18d', 2007. The buss duct supplies power to six airhandlers on the East side of B Hall, two airhandlers in B Lobby, the A/B registration area, A/B concession stand, lighting in B 1 ~` and 2nd level ballrooms, and other ancillary areas. Edd Helms was the electrical contractor for HD Boutique (and the sub-contractor for electrical during the construction of A/B Halls) and was extremely pro-active in providing temporary power to complete the HD Boutique Show. In addition, Square D, the company which manufactured the buss duct was called in to check the mega ohms for continuity on the three phase buss duct, and confirmed the entire duct had failed. They also concluded that the failure may have come from rain water hitting the buss duct after the 35' freight door was blown in from Hurricane Wilma. We were also informed by Square D that the order for the new buss duct must be placed by September 28d', 2007 in order to receive shipment by mid-November, otherwise it would be January before the factory reopens for manufacturing. Currently, Edd Helms Electric has worked with Convention Center Staff to supply temporary power to Centerplate's dishwasher, the A/B concession stand, the Business Center air-conditioning, and the skywalk lights. However, generated power will be needed to meet the requirements of Managing SAP Programs (October 19-24, 2007), and Minority Suppliers {October 25-November 1, 2007 for the B 1~ and 2nd Ieve1 Ballroom lights. All other events scheduled for this area have been moved based on the 318 availability of space. In addition, manufacturing of the new electrical buss duct has begun, with scheduled de{ivery for mid-November. lnstaHation is scheduled to begin November 23'x, 2007 foliorving the rnove out of the Aufo Show. in order to accomplish this work, the Administration. is requesting ratifcation of the emergency contract entered into with Edd Helms Electric in the amount of $547,865.00 for replacement of the B Half buss duct, and approximately $150,000.00 for temporary services to be provided by Edd Helms Electric until the buss duct can be manufactured and installed in December 2007. Edd Helms contract comes wish aone-year warranty on labor and parts. The Administration recommends using funds designated for replacement and upgrades of the Convention Center airwalls, appropria#ed at $1,500,000 for Fiscal Year 2007/08, with such funding to be reinstated from excess funds anticipated to be available from the Siemens A/C retrofit project #or the Miami Beach Convention Center. The Siemens A/C retrofit project is a Fisca! Year 2006/07 capital project that is currently out to bid and budgeted at two million dollars ($2,000,000). The Administration anticipates the bids to come in under $1,200,000, which would leave approximately eight hundred thousand dollars ($800,000) in excess funds. FISCAL IMPACT This is an emergency non-budgeted capital improvement, which will affect a projected airwall project funds and possibiy excess of funds in the budget for the Siemens' AlC retrafit. CONCLUSION The Administration recommends that tt;e City Commission approve the proposed resolution. JMG/HMF/ /D7 7:WGENDA 17071ConsentlElectrlcal Buss Duct Cammfsslon Memorandum.doc 319 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND C[TY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING AN EMERGENCY CONTRACT WITH EDD HELMS ELECTRIC, !N THE AMOUNT OF SIX HUNDRED NINETY-SEVEN THOUSAND EIGHT HUNDRED AND SIXTY-FIVE DOLLARS (~fi97,8fi5.00), ENTERED INTO ON SEPTEMBER 27, 2007, FOR REPLACEMENT OF THE HALL B BUSS DUCT A7 THE MIAMI BEACH CONVENTION CENTER; AND FURTHER AUTHORIZING THE USE OF CONVENTION CENTER AIRWALL FUNDS AND, SUBSEQUENTLY, ANY EXCESS FUNDS FROM THE SIEMENS A!C RETROFIT FISCAL YEAR 200fi107 CAPITAL PROJECT. WHEREAS, on September 18"', 2007, the Miami Beach Convention Center (MBCC) experienced the failure of an electrical buss duct in Hall l3, which supplies power to six airhandlers in Hall B; two airhandlers in the hall B lobby; lighting in the first and second level ballrooms; and other ancillary areas; and WHEREAS, this was an emergency situation which needed to be corrected as expediently as possible in order to meet the needs of clients under contract at the MBCC; and WHEREAS, due to the emergency situation, a contract was entered on September 27, 2007 with Edd Helms Electric, in the amount of $547,865.00, for the manufacture and installation of a new buss duct, and approximately $150,000 in labor and equipment for temporary power in the interim; and WHEREAS, the City Manager herein requests that the Mayor and City Commission ratify this emergency procurement. NOW,, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby ratify an emergency contract with Edd Helms Electric, in the amount of six hundred ninety-seven thousand eight hundred and sixty-five dollars ($697,865.00), entered into on September 27, 2007, for replacement of the Hall B buss duct at the Miami Beach Convention Center; and further authorized the use of Convention Center Airwall Funds and, subsequently, any excess funds from the Siemens A/C retrofit Fiscal Year 2006/07 Capital Project. PASSED and ADOPTED this 17~' day of October, 2007. MAYOR David !?ermer ATTEST: CITY CLERK Robert Percher APPROVED AS TO T:wGENDA120071oe117071ConsentlELECTRICAL BUSS DUCT RESOLUr10N.tlx FORM ~ LANGUAGE & FoR TioN /0 I ~'1.- ~~ ~ 320 0708. FQRM CERTIFICATE OF ISJSURA'~1CE A forrn Certificate of Insurance wilt be attached here. ,acoRDTM CERTIFICATE OF LIABILITY INSURANCE Paul H. DeSllva Bateman, Gordon S Sands, Inc. P ^ box 1270 P nano Beach, FL 330b1 Edd Helms Group, Inc., dba Edd Helms Electric, Edd Helms Air Conditioning Inc 17850 NE 5th Avenue Miami, FL 33162-1008 DATE (NnwD/m'Yj 07/02/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFVRmAI lun ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFlCATE bOES NDT AMENb, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIG # INSURER A: AmerlSUre INSURER B: Am@riSUre Mutual 1n5UfanCe CO. INSURER C: INSURER D INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IrvulcR I tom. rvv~ vv ~ ~ ~~ ~ ,~,,..,,,.~ 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 COND{T10NS OF SUCH ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PO LICIE S. AGGREG POLK:Y EFFECTNE POLICY EXPIRATION UNITS LTR NSR TYPE DF INSURANCE POLICY NUMBER TE D DA NM! D 47/01/47 47/47/48 EACH OCCURRENCE g1 444 404 A GENERAL LWBILrr1( GL2471926440446 bAMAGE TO RENTED S54 444 X COMMERCIAL GENERAL LIABILITY MED EXP (An one person) SS 004 CLAIMS MADE D OCCUR PERSONAL b ADV INJURY 51 444 444 2 044 OOO GENERAL AGGREGATE S z aoo 004 PRODUCTS -COMP/0P AGG s GEN'L AGGREGATE OMIT APPLIES PER: POLICY X PRa LOC B AUTONOeB_E LaBILITr CA240114605 47/41/07 47141/48 COMBINED SINGLE LIMB (Ea accident) 51,440,404 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) S SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Par accdent) g X NON-OWF~D AUTOS PROPERTY DAMAGE accident} P g ( u AUTO ONLY • EA ACCIDENT S GA RAGE LIABILITY THAN ~` ACC S ANY AUTO OTHER ALRO ONLY: AGG S EXd:SSfUNBRELLA LUU31Lm! ~ EACH OCCURRENCE AGGREGATE S E CWMS MADE OCCUR S DEDUCTIBLE RETENTION S C200250106 7141!07 7/41/08 C STATU- OTH- X S B WORICERSCONPENSATIONAND EMPLOYERS' LIABILnY E.L. EACH ACCIDENT 5144,444 ANY PROPRIE70RJPARTNERIEXECUTNE MEMBER EXCLUDED? E.L. DISEASE • EA EMPLOYEE 5744 444 OFFICERf K yes, deaerite under SPECIAL PROVISIONS below OTHER E.L. DISEASE • POLICY LIMIT 5544 444 DESCRIPTION DF OPERATIONS I LOCATK)NS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPEdAL PROVISIONS City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 SHOULD ANY OF THE ABOVE DESCRIED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUMIG INSURER YYILL ENDEAVOR TO MAIL ~~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70 DO 90 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH£ INSURER, ITS AGENT9 OR ACORD 2S {2001108) 1 of 2 #M186732 ELC ®ACORD CORPORATION 1968 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements}, 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 endorsements}. DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. acoRD zs-s (zoallos) 2 of 2 #M186732