HomeMy WebLinkAboutReso 2014-2212RESOLUTION NO. 2014 - 221 z
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD
AMENDMENT TO THE AGREEMENT WITH HARBOUR
CONSTRUCTION, INC. TO PROVIDE DEMOLITON SERVICES
FOR GATEWAY PARK IN AN AMOUNT NOT TO EXCEED SIX
THOUSAND EIGHT HUNDRED DOLLARS ($6,800.00),
ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID AGREEMENT AND DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City acquired the property located at 151 & 215 Sunny Isles Blvd to
help the City meet its public park/open space initiative; and
WHEREAS, pursuant to a settlement agreement between the Gold Club Inc. and the City
of Sunny Isles Beach, the City agreed to use Harbour Construction, Inc. to provide demolition
services for the property located at 151 & 215 Sunny Isles Boulevard ; and
WHEREAS, by Resolution 2012 -1839, adopted January 19, 2012, the City Commission
approved the agreement with Harbour Construction to provide demolition services for the
properties located on Sunny Isles Boulevard, in an amount not to exceed Ninety -Five Thousand
Five Hundred Twenty Dollars ($95,520.00); and
WHEREAS, by Resolution 2012 -1897, adopted April 19, 2012, the City Commission
approved an Amendment to the Agreement with Harbour Construction to include asbestos
removal and disposal services, in an amount not to exceed Thirty -Four Thousand Two Hundred
Thirty Dollars ($34,230.00); and
WHEREAS, by Resolution 2013 -2117, adopted September 19, 2013, the City
Commission ratified the Second Amendment to the Amendment to the Agreement with Harbour
Construction to include demolition of asphalt paving, curbing, tree(s) storm drain and water force
main, in an amount not to exceed Thirty Five Thousand Seven Hundred and Fifty Dollars
($35,750.00); and
WHEREAS, the City wishes to amend the agreement to include the following additional
services: cut and cap five (5) storm drains tied to FDOT drain system, dewatering included;
removal of yard drain, cut and cap at property line; and removal of two (2) light concrete bases
uncovered while at the site, as more particularly described in Exhibit "A ", in an amount not to
exceed Six Thousand Eight Hundred Dollars ($6,800.00), bringing the total contract amount not
to exceed One Hundred Seventy -Two Thousand Three Hundred Dollars ($172,300.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
3 `d Amend to Agreement with Harbour Construction. Inc.
Section 1. Approving the Third Amendment to the Agreement. The City Commission
hereby approves the Third Amendment to the Agreement with Harbour Construction, Inc, to
provide demolition services for Gateway Park in an amount not to exceed Six Thousand Eight
Hundred Dollars ($6,800.00), attached hereto as Exhibit "A ".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said Agreement and do all things necessary to effectuate the terms of this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20`x' day of March 2014.
ATTEST:
Jane A. Hines, City Clerk, MMC
APPROVED AS TO FORM
AND LEA. WFFICIENCY:
ty Attorney
Vote: G --b
rman S. Edelcup, Mayor
Moved by: A"'. '�
Seconded by: l�Drn►�nrt�la'T'T�
Mayor Edelcup
(Yes)
(No)
Vice Mayor Aelion
Yes)
(No)
Commissioner Gatto
(Yes)
(No)
Commissioner Levin
�Yes)
(No)
Commissioner Scholl
:;?(Yes)
(No)
3 `d Amend to Agreement with Harbour Construction, Inc.
'MMY 0"
r
O I,
THIRD AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
HARBOUR CONSTRUCTION, INC.
CONTRACT NO. C1213 -037
This Third Amendment to the Agreement between the City of Sunny Isles Beach and Harbour
Construction, Inc., executed this 0 day of 0. , 2014, is made a part of the original Agreement
between the parties dated January 11, 2012 attached hereto as Attachment "B" and incorporated herein,
between the City of Sunny Isles Beach ("City") and Harbour Construction, Inc., ("Contractor") a business
corporation licensed in the State of Florida, whose Federal Identification # is 3$ 3toY4,44ZThe City and
Contractor hereby agree as follows:
1. SERVICES TO BE PERFORMED. The Scope of Services, as set forth in Section Two of the
original Agreement between the parties, is hereby amended to include the following additional services: cut
and cap five storm drains tied to FDOT drain system, dewatering included; removal of yard drain, cut and cap
at property line; and removal of two light concrete bases uncovered while at site, as more particularly
described in Attachment "A ", a copy of which is attached hereto and made part hereof.
2. COSTS. The compensation to the Contractor, as set forth in Section Six of the original Agreement
between the parties, is hereby amended to include additional compensation for the additional services in an
amount not to exceed Six Thousand Eight Hundred Dollars($6,800.00), bringing the total contract amount not
to exceed One Hundred Seventy -Two Thousand Three Hundred Dollars ($172,300.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms
and conditions of the original Agreement between the parties, dated January 11, 2012, shall remain in full
force and effect.
4. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any exhibit attached hereto, or any document or events referred to herein, or
otherwise incorporated by reference, the term, statement, requirement, or provision contained in this Third
Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term,
statement, requirement or provision contained in any other document or attachment, including but not limited
to Attachments "A" or "B ".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above.
WITNESS —
ignature �
4v2 oi;& I
Print Name.
A'
HARBOVt CON$TRUCTION, INC
BY: '
Guy Lesseur, sident
I
CITY OF SUNNY ISLES BEACH
BY:
City Clerk Chris opher J. Russo, City Manager
APPROVED AST FO AND
LEGAL IC
BY:
H Ott' ot, CiTy Attorney
�i1i�;
HCI
HARBOUR (ONSTRUMON, INL
6300 NE 4th Ct
Miami, FI_ 33138
Ph 305 603 9944
Fx 305 603 9437
Invoice
Date Invoice #
1/28/2014 3604
Bill To
Job Name
City Of Sunny Isles Beach
Change Order
18070 Collins Avenue
SIB, FL 33160
Terms
Due Date
Net 30
2/27/2014
Description
Qty
Rate
Class
Prior Amt
Amount
Additional Work:
6,800.00
6,800.00
Cut and cap 5 storm drains tied to FDOT drain
system (Dewatering included). Remove yard
drain (Cut and cap at property line). Remove 2
light concrete bases uncovered while at site. "
Total
$6,800.00
Payments /Credits
$0.00
Balance Due
$6,800.00
ATTACHMENT "A"
O SJN~' ,stEfl
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH HARBOUR CONSTRUCTION, INC.
CONTRACT NO. C1112 -010
THIS CONTRACTOR AGREEMENT made and entered into this 11 day of
JA"u4f -%-4 2012, by and between the CITY OF SUNNY ISLES BEACH,
FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to
"City") and HARBOUR CONSTRUCTION, INC., a Florida corporation, authorized to
do business in the State of Florida, (hereinafter referred to as "Contractor ").
WHEREAS, the City is in need of a qualified contractor to (1) perform
professional demolition services of property located at 151 and 215 Sunny Isles
Boulevard and
WHEREAS, Contractor is qualified, willing and able to provide the desired
services pursuant to the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants
herein named, the parties hereto agree as set forth below:
1. RECITALS. The Recitals set forth above are hereby incorporated into this
Agreement and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Contractor shall perform the required
services in compliance with the terms and conditions of this Agreement.
a. Contractor agrees to (1) provide all labor, materials and equipment to provide
demolition and debris removal for property located at 151 and 215 Sunny Isles
Boulevard; (collectively referred to as the "Services "), as per Attachment "A"
which is attached hereto.
b. Contractor shall conduct the Services so as not to interfere with any public
utilities or any public right of ways.
c. Contractor shall comply with all local, State and Federal Safety and Health
Requirements.
d. The Services shall be performed by Contractor to the full satisfaction of the City.
Contractor agrees to immediately inform the City via telephone and in writing of
any problems that could cause damage to property and/or persons located 151 and
215 Sunny Isles Boulevard.
e. Contractor will require its employees to perform the Services in a manner
befitting the type and scope of work to be performed. In the event that the
Contractor fails to complete performance of the Services pursuant to the terms of
this contract and City must undertake the completion of performance of the
Services, Contractor agrees to indemnify the City for all costs incurred with
respect to the completion of the Services and any damages the City may suffer as
a result of the failure of performance by Contractor.
ATTACHMENT "B"
f. The Contractor shall promptly correct all Services rejected by the City as faulty,
defective, or failing to conform to this Agreement whether observed before or
after substantial completion of the Services, and whether or not fabricated,
installed or completed. The Contractor shall bear all costs of correcting such
rejected Services.
3. ADDITIONAL SERVICES. If the need for additional work or changes under
this Agreement is identified by Contractor during the course of performing its obligations
hereunder, Contractor shall set forth such additional work and the cost thereof in a
supplemental work order (a "Supplemental Work Order ") and submit such Supplemental
Work Order for approval by the City. No such additional work shall be done or paid for
without the specific prior written approval of the City.
4. TERM. This Agreement shall begin upon execution by the parties hereto and
end upon the completion of the Services, as per Attachment "A ".
5. TIME OF PERFORMANCE. Time is of the essence of this Agreement.
Contractor shall provide personnel, equipment and materials necessary for the timely
execution of the Services, and commence performance of the Permitting Services, within
ten (10) business days from written notification to proceed from the City.
6. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall not exceed a total amount of Ninety -Five Thousand Five Hundred
Twenty Dollars ($95,520.00) in accordance with this Agreement and reflected in
Attachment "A ". The payment schedule is as follows:
• 25% Upon Execution of the Contract ( "Initial Deposit ")
• 25% Upon Issuance of Permits and Mobilization
• 50% Upon Completion of the Services described in Section 2
above
The Initial Deposit shall be refunded if Contractor fails to complete the Services
requested in Section 2. Contractor shall make no other charges to the City for supplies,
labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such
expense or cost is incurred by Contractor with the prior written approval of the City. If
the City disputes any charges on the invoices, it may make payment of the uncontested
amounts and withhold payment on the contested amounts until they are resolved by
agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
Contractor further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Agreement.
7. PERMITS AND CITY CODE COMPLIANCE. Contractor shall secure all
necessary permits and licenses required in connection with the performance of the
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Services and shall perform all such work in full compliance with the requirements of
applicable codes, ordinances and regulations of the City.
8. ACCIDENT PREVENTION. Contractor shall exercise proper precaution at all
times for the protection of persons and property and shall be responsible for damages to
persons or property, either on or off the site located at 151 Sunny Isles Boulevard and
215 Sunny Isles Boulevard, which occur as a result of the Contractor's execution of the
Services. The safety provisions of applicable law and building and construction codes
shall be observed and the Contractor shall take or cause to be taken such additional safety
and health measures as the City may determine to be reasonable and necessary.
9. CARE OF WORK. Contractor shall keep the site located at 151 Sunny Isles
Boulevard and 215 Sunny Isles Boulevard clean and orderly during the course of the
demolition and shall be responsible for the proper care and protection of all materials
delivered and work performed until completion of the Services.
10. RESPONSIBILITY AND SUPERVISION OF WORK. Contractor shall be
responsible to the City for the acts and omissions of all the Contractor's employees,
subcontractors, agents and all other persons performing any of the Services on behalf of
the Contractor. Contractor shall at all time enforce strict and good order among
Contractor's employees and shall not employ any unfit persons or anyone not skilled in
the tasks necessary to perform the Services. Contractor shall act as or employ a
competent supervisor who shall regularly visit the site located at 151 and 215 Sunny Isles
Boulevard, and regularly communicate with the City during the progress of the Services.
11. INSPECTION. Contractor shall permit regular inspections by the City and
other appropriate officials in order to confirm that the Services are being conducted in
accordance with the terms and conditions of this Agreement and that the Services are
satisfactorily completed.
12. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained
in this Agreement or any action of the parties shall be construed to constitute or to render
the Contractor an employee, partner, agent, shareholder, officer or in any other capacity
other than as an independent Contractor other than those obligations which have been or
shall have been undertaken by the City. Contractor shall be responsible for any and all of
its own expenses in performing its duties as contemplated under this agreement. The
City shall not be responsible for any expense incurred by the Contractor. The City shall
have no duty to withhold any Federal income taxes or pay Social Security services and
that such obligations shall be that of the Contractor other than those set forth in this
agreement. Contractor shall furnish its own transportation, office and other supplies as it
determines necessary in carrying out its duties under this agreement.
3
13. INSURANCE. Contractor shall, at its sole cost and expense, during the period of
any work being performed under this Agreement, procure and maintain the following
minimum insurance coverage to protect the City and Contractor against all loss, claims,
damage and liabilities caused by Contractor, its agents, sub- Contractors or employees, as
indicated below:
❑ Comprehensive General Liability ( "CGL ") insurance, with minimum
limits of One Million Dollars ($1,000,000) per occurrence, combined
single limit for Bodily Injury Liability and Property Damage Liability, and
Two Million Dollars ($2,000,000) aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
• CGL Required Endorsements include the following:
• Employees included as insured
• Independent Contractor's Coverage
• Contractual Liability
• Waiver of Subrogation
• Premises and/or Operations
• Explosion, Collapse and Underground Hazards
• Loading and Unloading
• Mobile Equipment (Contractor's Equipment) whether
owned, leased, borrowed or rented by Contractor or
employees of Contractor
City is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for City by
or on behalf of Contractor or acts or omissions of Contractor in
connection with general supervision of such operation.
❑ Worker's Compensation, as required by law, but with no less than
$1,000,000 for Employer's Liability.
❑ Business Automobile Liability which shall include coverage for all owned,
non -owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars
($1,000,000) per accident for bodily injury and Five Hundred Thousand
Dollars ($500,000) per accident for property damage.
❑ Umbrella Policy (Excess Follow Form) which shall include bodily injury
and property damage liability with limits of three million dollars
($3,000,000.00) each occurrence and an aggregate limit of three million
dollars ($3,000,000.00). Umbrella Policy coverage shall provide excess
4
coverage over (1) Commercial General Liability and (2) Business
Automobile Liability.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self - insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do
business under the laws of the State of Florida and acceptable to the City with a minimum
A.M. Best rating of A- Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City
certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional
insured. All policies shall contain a waiver of subrogation endorsement. All policies
and certificates shall be in forms and issued by insurance companies acceptable to the
City's Risk Management Department. All insurance policies and certificates of insurance
shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Contractor
hereunder.
Contractor shall also require and ensure that each of its sub- Contractors providing
services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
14. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents
prepared by the Contractor pursuant to this Agreement and related services to this
agreement are intended and represented for the ownership of the City only. Any other use
by Contractor or other parties shall be approved in writing by the City.
Contractor shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for,
the City under this Agreement.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the City, or at its expense,
will be kept confidential by the Contractor and will not be disclosed to any other party,
directly or indirectly, without the City's prior written consent, unless required by a lawful
order. All drawings, maps, sketches, programs, data base, reports and other data
developed or purchased under this Agreement for, or at the City's expense, shall be and
remain the City's property and may be reproduced and reused at the discretion of the
City.
5
The City and Contractor shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including, but not limited to, any
representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby.
15. INDEMNIFICATION. Contractor agrees to indemnify, defend and hold
harmless, the City, its officers, agents, and employees from, and against any and all
claims, actions, liabilities, losses and expenses including, but not limited to, attorney's
fees for personal, economic or bodily injury, wrongful death, sickness, disease, or loss of
or damage to property, at law or in equity, which may arise or may be alleged to have
arisen from the acts, errors, omissions or other wrongful conduct of the Contractor in
connection with the performance of Services under this Agreement, whether such acts,
errors, omissions or other wrongful conduct be by the Contractor, or any of the
Contractor's subcontractors, agents, employees, suppliers or any other personnel entity
acting under Contractor's control, and to that extent, the Contractor shall pay such claims
and losses and shall pay all such costs and judgments which may issue from any lawsuit
arising from such claims and losses and shall pay all costs and attorneys' fees expended
by the City in defense of such claims and losses including appeals. The parties agree that
ten percent (10 %) of the total compensation is a specific consideration from the City to
the Contractor for this indemnity.
16. TERMINATION.
a. Termination for Default. If, through any cause within the reasonable
control the Contractor shall fail to fulfill in a timely manner or otherwise
violate any of the covenants, agreements or stipulations material to this
Agreement, the City shall have the right to terminate the Services then
remaining to be performed. Prior to the exercise of its option to terminate
for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to
cure such default. If the default remains uncured after ten (10) days the
City may terminate this agreement.
i. In the event of termination, all finished and unfinished
documents, data and other work product prepared by
Contractor (and sub - Contractor[s]) shall be delivered to the
City and the City shall compensate the Contractor for all
services satisfactorily performed prior to the date of
termination.
ii. Notwithstanding the foregoing, the Contractor shall not be
relieved of liability to the City for damages sustained by it by
virtue of a breach of the Agreement by Contractor and the City
6
may reasonably withhold payments to Contractor for the
purposes of set -off until such time as the exact amount of
damages due the City from the Contractor is determined.
iii. After receipt of a Termination Notice and except as otherwise
directed by the City, the Contractor shall:
1. Stop work on the date and to the extent
specified;
2. Terminate and settle all orders and
subcontracts relating to the performance of
the terminated work;
3. Transfer all work in process, completed
work and other materials related to the
terminated work to the City; and
4. Continue and complete all parts of that
work that have not been terminated.
b. Termination for Convenience of City. The City may, for its convenience
and without cause, terminate the Services then remaining to be performed
provided that the Contractor is given ten (10) days written notice.
C. Termination for Insolvency. The City also reserves the right to terminate
the remaining Services to be performed in the event the Contractor is
placed either in voluntary or involuntary bankruptcy or makes any
assignment for the benefit of creditors.
17. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor may
not subcontract, assign or transfer any work under this Agreement without the prior
written consent of the City. Should the Contractor subcontract any services under this
Agreement, it shall be done with continued liability for the Contractor. The Contractor
shall remain responsible for services, responsibilities and liabilities of any person or
entity acting under Contractor.
18. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that
it has and will continue to maintain all licenses and approvals required to conduct its
business and that it will at all times conduct its business activities in a reputable manner.
Proof of such licenses and approvals shall be submitted to the City prior to
commencement of work under this Agreement.
19. MODIFICATIONS OF WORK. The City reserves the right to make changes in
the work, including alterations, reductions or additions thereto. Upon receipt of the
City's notification of a contemplated change, the Contractor shall (1) if requested by the
City, provide an estimate for the increase or decrease in cost due to the contemplated
change, (2) notify the City of any estimated change in completion date, and (3) advise the
City in writing if the contemplated change shall affect the Contractor's ability to meet the
completion dates or schedules of this Agreement.
20. COORDINATION OF SERVICES. The City's representative /liaison during
the performance of this Agreement shall be Gio Batista, Public Works Director /City
Engineer whose phone number is (305) 792 -1909. Contractor shall not respond to
requests for services under this Agreement unless the request is received directly from
Gio Batista, Public Works Director /City Engineer, or his designated personnel. Any
requests received from other City departments /divisions shall be referred to Gio Batista
first for approval or if Gio Batista is unavailable, then to the City Manager, Alan Cohen
for approval prior to the commencement of any work. Services performed without
authorization by Gio Batista, Public Works Director /City or, or the City Manager,
Alan Cohen, shall be considered unauthorized and shall not be compensated /paid by
the City.
21. MEDIATION AND ARBITRATION OF DISPUTES
The merits of any dispute arising under, out of, in connection with, or in relation to this
agreement, or the making or validity thereof, or its interpretation, or any breach thereof,
shall be determined and settled by Arbitration before an Arbitrator in the State of
Florida, pursuant to the Commercial Arbitration Rules then obtaining of the
American Arbitration Association. If the parties hereto are unable to agree upon
the selection of an arbitrator, such arbitration shall be held before the American
Arbitration Association. Any award rendered shall be final and conclusive upon the
parties hereto and a judgment thereon may be entered in the highest court of the State of
Florida having jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the
dispute amicably. In the event that the parties hereto are unable to resolve the dispute
amicably, either party may give notice for a Mediation session before a Mediator
appointed by mutual agreement (hereinafter the "Mediator "). If the parties are
unable to agree upon the selection of a mediator, such mediation shall be held before the
American Arbitration Association. The Mediator shall make a recommendation to the
parties in the form of a written mediated settlement agreement. Each party to the
dispute shall sign such agreement after receipt of the same or immediately file a
demand for Arbitration, in which event the parties shall proceed to Arbitration in
accordance with the previous paragraph.
All costs of the Arbitration, including Mediation and the legal action to confirm
and enforce the arbitrator's award, as the case may be, including the reasonable legal
fees of both parties shall be paid by the non - prevailing party, or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of Arbitration and
Mediation as may be determined by the court on confirmation.
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22. CONFIDENTIAL INFORMATION. The Contractor shall not, either during
the term of this Agreement or any time for a period of Ten (10) years subsequent to that
date upon which the Contractor shall leave the employment of the City for any reason
whatsoever, disclose to any person or entity, other than in the discharge of the duties of
the Contractor under this Agreement, any information which the City designates in
writing as "confidential." As a violation by the Contractor of the provisions of this
Section could cause irreparable injury to the City and there is no adequate remedy at law
for such violation, the City shall have the right, in addition to any other remedies
available to it at law or in equity, to enjoin the Contractor in a court of equity for
violating such provisions.
23. NOTICES. All notices and communications hereunder shall be in writing and
shall be deemed given when sent postage prepaid by registered or certified mail, return
receipt requested and, if intended for City to City Manager, Alan Cohen, with a copy to
Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny
Isles Beach, Florida 33160, and, if intended for Contractor, shall be addressed to, David
Tobin, Harbour Construction, Inc., 407 NW IOth Terrace, Hallandale, Florida 33009.
24. GOVERNING LAW. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the
laws of the State of Florida, without regard to principles of conflict of laws thereof. The
location of any action or proceeding commenced under or pursuant to this Agreement
shall be in Miami -Dade County, in the State of Florida.
25. AUDIT. The Contractor shall make available to the City or its representative all
required financial records associated with the Agreement for a period of three (3) years.
26. NON - DISCRIMINATION. The Contractor agrees to comply with all local and
state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing
and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of
1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive
Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital /family status, or status with regard to public assistance. The
Contractor will take affirmative action to insure that all employment practices are free
from such discrimination. Such employment practices include but are not limited to the
following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the City
9
setting forth the provisions of this non - discrimination clause. The Contractor agrees to
comply with any Federal regulations issued pursuant to compliance with Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against
the handicapped in any Federally assisted program.
27. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be
governed by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as
amended; and by Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder. Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirectly that should conflict in any manner or degree with the
performance of the services.
28. WARRANTY. The Contractor warrants that the Services including equipment
and materials provided shall conform to professional standards of care and practice in
effect at the time the Services are performed, be of the highest quality, and be free from
all faults, defects or errors. The Contractor further warrants that all equipment and
materials provided shall be new. If the Contractor is notified in writing of a fault,
deficiency or error in the Services provided within one (1) year, unless a longer period is
specified in the solicitation, from completion of the Services, the Contractor shall, at the
City's option, either re- perform such portions of the Services to correct such fault, defect
or error, at no additional cost to the City, or refund to the City, the charge paid by the
City, which is attributable to such portions of the faulty, defective or erroneous Services,
including the costs for re- performance of the work provided by other Contractors.
29. FORCE MAJEURE/INTERRUPTION. Neither party shall be liable for any
failure to perform any of its obligations under this Agreement (except payment
obligations) due to unforeseen circumstances or causes beyond the party's reasonable
control, including without limitation, acts of God, riot, embargoes, acts of governmental
authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission
facilities ( "Force Majeure ").
30. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement
between the parties with respect to the subject matter hereof, and it shall supersede all
previous and contemporaneous oral and written negotiations, commitments, agreements
and understanding relating hereto. This Agreement may be executed in multiple identical
counterparts, each of which shall be deemed an original for all purposes.
31. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by
the party granting such waiver.
32. CONFLICTING PROVISIONS. The terms and conditions of this Agreement
shall prevail over any contrary or inconsistent terms in any other document, including but
not limited to Attachment "A" which is attached hereto.
10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESSES:
049 b
Si Lure
Print Name
WITNESSES:
Signature
-De,6cG- L2\ ff o,
Print Name
ATTEST:
BY:
Jane A. Hines, CMC, ity Clerk
HARBOUR CONSTRUCTION,
INC.
BY: ! C I
David Tobin
CITY OF SUNNY ISLES BEACH
BY: 4t�;,
Alan J. eohen, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Attorney
jL
'E 49 1
g HCI
NAR80UR (ONSTRUtTION, INC
December 23, 2011
HCI Agreement No: HCI -11 -587
Hans Ottinot
City of Sunny Isles
18070 Collins Avenue
Sunny Isles Beach, FL 33160
407 NW 10th Terrace
Hallandale, FL 33009
Phone: 954 456 2250
Fax: 954 456 2251
Subject: 151151 Sunny Boulevard: 215 Sunny Isles Boulevard Boulevard: 215 Sunny Isles Boulevard
PROPOSED STATEMENT OF SERVICES: Provide materials, equipment, and labor to
complete the demolition of above captioned addresses.
Included:
• Demolish and Remove Existing Structures, Footings and Foundations (Misting
For Dust Control Included). HCI will leave site rough graded.
• Remove All Asphaltic Material Within the Property Lines
• Tree Removal
• Asbestos & Lead Survey (report will include specifications for abatement of
ACM if any is found).
• Temporary Chain Link Fence With Wind Screen
• Permit Fees
Permits Required:
• DERM
• HRS
• City of Sunny Isles (Includes Rodent Letter)
Utility Disconnect Letters:
• FPL
• Bellsouth
• Comcast
• TECO
• Water Meter Disconnect
Sewer Cap
Any other utility not listed, but required to demolish subject building
EXCLUDED:
Prices exclude any asbestos abatement (or any other abatement), handling or hauling of any
hazardous or regulated materials, additional grading and importing of fill not listed in the
inclusions, material to elevate site, storage tank removal, adjacent property protection, shoring,
bracing, underpinning, pile extraction, tenant refuse, permanent fencing, any tree not permitted
to be demolished by DERM, tree mitigation fees, recycling fees, gutting/soft stripping of
building, site security, surveys, clearing and grubbing of site, seeding/sodding, cranes, traffic
control, elevator removal, sidewalk /curb & gutter repair damaged by heavy equipment, major
mechanical equipment such as boilers, chillers, cooling towers, Etc., excavation or backfill,
earthwork and erosion control. Excludes salvage value.
NOTES:
HCI should occupy the entire work area exclusively upon the commencement of NCI's work.
Customer will convey to HCI all rights to, title to and interest in all building contents and /or
salvage materials not listed above that are currently located within the dismantling area.
FEE:
The proposed fees to perform these services are:
151 Sunny Isles Boulevard $49,520.00
215 Sunny Isles Boulevard $46,000.00
It should be noted that this fee is subjected to change if the scope of work is changed or
modified.
Pa ent schedule as follows: '' Lqon��,Jo -� - +-'
1 ja aelto upon e*eeu6on of eentmot. V-4ir..,. -t'�s
�7 6vva���50% upon completion. `�
Tentative Performance Schedule \
Notice to Proceed
Permitting: 5 weeks
Asbestos Abatement (If required): 4 weeks
Building and Asphalt Demolition: 3 weeks
HCI appreciates the opportunity to submit this proposal and look forward to working with you
on this project. Please call us if you have any questions or concerns.
Respectfully submitted:
David Tobin
Harbour Construction, Inc.
City of Sunny Isles Beach
/ n 18070 Collins Avenue
¢: Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Bill Evans, Assistant City Manager
DATE: 3/20/2014
RE: Resolution Approving
Harbour Construction,
Gateway Park
RECOMMENDATION:
the Third Amendment to the Agreement with
Inc. to Provide for Demolition Services for
Staff is recommending the City Commission approve the attached resolution.
This is a Third Amendment to the Agreement with Harbour Construction, Inc. tc
provide for additional demolition services for Gateway Park.
REASONS:
Harbour Construction, Inc was under contract to the City to demolish certain
previously existing improvements on City owned land now referred to as
Gateway Park. Additional demolition work was needed to address unforeseen
field conditions that were not included in the original contract and subsequent
amendments. Specifically, the additional improvements that were removed
included underground storm drainage piping that connected to an existing FDOT
drainage system on SR826 /Sunny Isles Boulevard and on -site potable water
service lines. These previously existing on -site improvements would have
interfered or otherwise been in conflict with proposed park improvements.
ADDITIONAL INFORMATION:
This amendment is for an amount not to exceed $6,800.00
FUNDING SOURCE:
Agenda Item No. IOC
Date 3/20/2014
116
Account No. 20.600 -5688.
ATTACHMENTS:
. Resolution
. Third Amendment to Agreement
Agenda Item No -IOC
Date 3/20/2014
117