HomeMy WebLinkAboutReso 2014-2219RESOLUTION NO. 2014- "ZZ19
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND ENTER INTO AN AGREEMENT WITH THE WEITZ
COMPANY FOR CONSTRUCTION MANAGEMENT
SERVICES FOR GATEWAY PARK, IN AN AMOUNT NOT
TO EXCEED FOUR HUNDRED SEVENTY -FIVE
THOUSAND DOLLARS (5475,000.00), PROVIDED SAID
AGREEMENT IS APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY THE CITY ATTORNEY; FURTHER
PROVIDING THE CITY MANAGER AND CITY
ATTORNEY WITH THE AUTHORITY TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in need of Construction Management Services for Gateway
Park; and
WHEREAS, The Weitz Company is qualified, willing and able to provide the desired
services on the terns and conditions set forth herein; and
WHEREAS, the City Manager now seeks the authority to negotiate and enter into an
Agreement with The Weitz Company for Construction Management Services for Gateway Park,
in an amount not to exceed Four Hundred Seventy -Five Thousand Dollars ($475,000.00),
provided said Agreement is approved as to form and legal sufficiency by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of City Manager. The City Manager is hereby authorized to
negotiate and enter into an Agreement with The Weitz Company for Construction Management
Services for Gateway Park, in an amount not to exceed Four Hundred Seventy -Five Thousand
Dollars ($475,000.00), provided said Agreement is approved as to legal form and sufficiency by
the City Attorney.
Section 2. Further Authorization of City Manager and City Attorney. The City Manager and
City Attorney are further authorized to do all things necessary to effectuate this Resolution.
R2014- Weitz Co Construction Mgmt Srvs Gateway Park Page I of 2
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 1St day of April 2014.
ATTEST:
C= cl,." � 4 A I - - ,
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM AND
LEGAI.�S*10 ENC Y
i
i
HaT Ottinot, City Attorney
N�rman S. Edelcup, Mayor
Moved by: �� �- �at��oY At o TD
Seconded by: Co►n v nk&Styroty2 L IL,I t,ti
Vote: 5—O
Mayor Norman S. Edelcup
✓(Yes)
(No)
Vice Mayor Isaac Aelion
►/ (Yes)
(No)
Commissioner Jeanette Gatto
Yes)
(No)
Commissioner Jennifer Levin
(Yes)
(No)
Commissioner George "Bud" Scholl
v7(Yes)
(No)
82014- Weitz Co Construction Mgmt Srvs Gateway Park Page 2 of 2
SANµ T'rF
CITY OF SUNNY ISLES BEACH AGREEMENT
WITH THE WEITZ COMPANY
sf'D➢. FLOG' \O 4
°F ° •° CONTRACT NO. C1314 -035
THIS CONTRACTUAL AGREEMT (hereinafter referred to as the "Agreement ")
is made in duplicate, this .1 _-f day of , 2014, by and between the CITY
OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and THE WEITZ
COMPANY, a corporation authorized to do usiness in the State of Florida (hereinafter referred
to as "Consultant ") whose Federal I.D. # is 15 1 Z(_P Z- 5.
RECITALS
WHEREAS, the City is in need of a Consultant to provide Project Management Services
required for the Gateway Park project ( "Services "), as more thoroughly described in the attached
Attachment "A" which is attached hereto and incorporated herein by reference; and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained in this Agreement; and
WHEREAS, the City desires to contract with Consultant to provide the Services, as
more fully described in Attachment "A" which is attached hereto and incorporated herein by
reference, in a total amount not to exceed Four Hundred Seventy -Five Thousand Dollars
($475,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant agrees to furnish the Services set forth herein and required
for completion of the Gateway Park project. The City has employed the Consultant to provide
the Services outlined in the attached Attachment "A" which is hereby incorporated and made a
part of this Agreement by reference. Consultant represents that it is thoroughly familiar with and
understands the requirements of the Gateway Park project and that it is experienced in the
administration and construction of building projects of the type and scope contemplated herein.
Consultant represents to City that Consultant has all necessary construction education, skill,
knowledge, and experience required for project management services for the Gateway Park
project and will maintain, at all times during the term of this Agreement, such personnel on its
staff to provide the Services contemplated herein within the time periods hereby. In addition,
Consultant represents that it has all applicable licenses required by the State of Florida to
perform such services.
3. TERM. The term of this Agreement shall begin upon the issuance of the City's Notice
to Proceed ( "NTP ") from the City Manager or his designee to Consultant and shall terminate
twelve (12) months thereafter.
C13I4 -035 THEWEITZCOMPANY
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount
not to exceed Four Hundred Seventy -Five Thousand Dollars ($475,000.00) for the performance
of the stated Services. Payment to Consultant for all charges and tasks under this Agreement
shall be in accordance with this Agreement and the schedule of charges reflected in Attachment
"A ", which fee shall be disbursed on a monthly basis and under the following conditions:
a. Disbursements. Reimbursable expenses associated with this Agreement shall be
in accordance with the Consultant's scope attached hereto as Attachment "A ".
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be due and payable thirty (30) calendar days after
the date on which the invoice is stamped as received by the initiating City
Department. Payment shall be made only for approved invoices.
C. Reservation of payment rights. The City retains the right to delay or withhold
payment for Services which have not been accepted by the City. Notwithstanding
any provision of this Agreement to the contrary, City may withhold, in whole or
in part, payment to the extent necessary to protect itself from loss on account of
inadequate or defective work which has not been remedied or resolved in a
manner satisfactory to the City Manager or his designee, or based on failure of
Consultant to comply with this Agreement. The amount withheld shall not be
subject to payment of interest by City.
d. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
e. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final /last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Consultant.
It is acknowledged and agreed by Consultant that this amount is the maximum payable amount
under this Agreement and constitutes a limitation upon the City's obligation to compensate
Consultant for their Services. This maximum payable amount, however, does not constitute a
limitation, of any sort, upon Consultant's obligation to perform all items of work required by, or
which can be reasonably inferred, from the Services. This maximum payable amount includes
reimbursement of all expenses of Consultant related to the Services. Consultant shall make no
other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other
C 1314 -035 THE WEITZ COMPANY 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
expenses or costs unless any such expense or cost is incurred by Consultant 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 Consultant. Consultant 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 Consultant further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant 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 Consultant
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. Consultant 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 Consultant. 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
Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
6. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or
interest herein shall be assigned, transferred or encumbered without the written consent of the
other party. City may terminate this Agreement, effective immediately, if there is any
assignment, or attempted assignment, transfer, or encumbrance, by Consultant of this Agreement
or any right or interest herein without City's written consent.
Consultant represents that each person who will renders services pursuant to this Agreement is
duly qualified to perform such services by all appropriate governmental authorities, where
required, and that each such person is reasonably experienced and skilled in the area(s) for which
they will render services.
Consultant shall perform its duties, obligations and services under this Agreement in a skillful
and respectable manner. The quality of Consultant's performance and all interim and final
product(s) provided to or on behalf of City shall be comparable to the applicable local standards.
7. RIGHTS IN DOCUMENTS AND WORK. Any and all reports, photographs,`
surveys, and other data and documents provided or created in connection with this Agreement
are and shall remain the property of City. In the event of termination of this Agreement, any
reports, photographs, surveys, and other data and documents prepared by Consultant, whether
finished or unfinished, shall become the property of City and shall be delivered by Consultant to
the City Manager or his designee within seven (7) days of termination of this Agreement by
either party. Any compensation due to Consultant shall be withheld until all documents are
received as provided herein.
C1314 -035 THE WEITZ COMPANY 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
8. AUDIT RIGHTS AND RETENTION OF RECORDS. City shall have the right to
audit the books, records, and accounts of Consultant that are related to Services performed under
this Agreement. Consultant shall keep such book, records and accounts as may be necessary in
order to record complete and correct entries related to Services performed under this Agreement.
All books, records, and accounts of Consultant shall be kept in written form, or in a form capable
of conversion into written form within a reasonable time, and upon request to do so, Consultant,
as applicable, shall make same available at no cost to City in written form.
Consultant shall preserve and make available, at reasonable times for examination and audit by
City, all financial records, supporting documents, statistical records, and any other documents
pertinent to this Agreement for the required retention period of the Florida Public Records Act,
Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the
Florida Public Records Act is not applicable, for a minimum period of three (3) years after
termination of this Agreement. If any audit has been initiated and audit findings have not been
resolved at the end of the retention period or three (3) years, whichever is longer, the books,
records, and accounts shall be retained until resolution of the audit findings. If the Florida Public
Records Act is determined by City to be applicable to Consultant's records, Consultant shall
comply with all requirements thereof. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for City's disallowance and recovery of any payment upon such
entry.
9. PUBLIC ENTITY CRIME ACT. Consultant represents that the execution of this
Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as
may be amended from time to time, which essentially provides that a person or affiliate who is a
consultant, or other provider, and 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 City, may not submit a bid on a contract with City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to City, may not
be awarded or perform work as a consultant, supplier, or subcontractor under a contract with
City, and may not transact any business with City in excess of the threshold amount provided in
Section 287.017, Florida Statutes, as may be amended from time to time, 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 shall result in termination of this Agreement and recovery of all monies
paid by City pursuant to this Agreement, and may result in debarment from City's competitive
procurement activities.
In addition to this foregoing, Consultant further represents that there has been no determination
that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime"
and that it has not been formally charged with committing an act defined as a "public entity
crime" regardless of the amount of money involved or whether Consultant has been placed on
the convicted vendor list.
10. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
C1314 -035 THE WE1TZ COMPANY 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000) per occurrence.
Coverage shall not contain any endorsement(s) excluding nor limiting
Product/Completed Operations, or Cross Liability.
❑ Worker's Compensation and employer's liability coverage, as required pursuant
to Florida Statute Chapter 440.
❑ 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. Coverage shall included liability for owned, Non -
Owned and Hired automobiles. In the event Consultant does not own
automobiles, Consultant agrees to maintain coverage for Hired and Non -Owned
Auto Liability, which may be satisfied by way of endorsement to the Commercial
General Liability policy or separate Business Auto Liability policy.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self - insurance maintained by the City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy 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, Consultant 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 Manager or his designee. 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 Consultant hereunder. Consultant 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.
11. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant 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
CI3I4 -035 THE WEITZCOMPANY 5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant 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 Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Consultant and the City may reasonably withhold payment to Consultant
for the purposes of set -off until such time as the exact amount of damages due
the City from the Consultant is determined. Under no circumstance shall
Consultant be entitled to any consequential damages or loss of profits. The
parties agree that One Hundred Dollars ($100.00) represents specific
consideration to the Consultant for the indemnification set forth in this
Agreement.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten (10) days written notice. The terms of subparagraph A(i)
and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is
C1314 -035 THE WEITZ COMPANY 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or
privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
13. CONFIDENTIAL INFORMATION. The Consultant 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 Consultant 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 Consultant under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Consultant 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 Consultant from violating such
provisions.
14. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792 -1702
If to the
Jon Tori
Consultant:
Senior Vice President
The Weitz Company
1214 South Andrews Avenue
Suite 302
Fort Lauderdale, FL 33316
Tel: (954) 505 -2080
15. NON - DISCRIMINATION. The Consultant 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 1 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.
C1314 -035 THEWEITZCOMPANY 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
The Consultant 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/familial status, or status with regard to public assistance. The Consultant 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
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Consultant 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.
16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by the
City of 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. The Consultant
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he /she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
17. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent
permitted by law, the Consultant agrees to indemnify and hold - harmless the City, its agents,
representatives, officers, directors, officials and employees from any claims, liabilities, damages,
losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in
whole or in part, by the professional negligence, error or omission of the Consultant or persons
employed or utilized by the Consultant in performance of Services under this Agreement.
To the fullest extent permitted by law, the Consultant agrees to indemnify and hold- harmless the
City, including its agents, representatives, officers, directors, officials and employees from any
claims, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney
fees to the extent caused, in whole or in part, by the recklessness or intentionally wrongful
conduct, of the Consultant or persons employed or utilized by the Consultant in the performance
of Services under this Agreement.
Consultant shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands,
claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of
Consultant, including those of their employees, agents, servants, or officers, or accruing,
resulting from, or directly related to the subject matter of this Agreement including, without
C1314 -035 TIE WEITZ COMPANY 8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any person or property. In the
event any lawsuit or other proceeding is brought against City by reason of any such claim, cause
of action or demand, Consultant shall, upon written notice from City, resist and defend such
lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this
section shall survive the expiration or earlier termination of this Agreement. To the extent
considered necessary by City, any sum due Consultant under this Agreement may be retained by
City until all of City's claims for indemnification pursuant to this Agreement have been settled
or otherwise resolved; and any amount withheld shall not be subject to payment of interest by
City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to
the Consultant for the indemnification set forth in this Agreement.
18. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations
and ordinances of any federal, state, or local governmental authority having jurisdiction with
respect to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all
material permits, licenses, approvals and consents necessary for the lawful conduct of the
activities contemplated under this Agreement.
19. MATERIALITY AND WAIVER OF BREACH. City and Consultant agree that
each requirement, duty and obligation set forth herein was bargained for at arms - length, is agreed
to by the parties, that each is substantial and important to the formation of this Agreement and
that each is, therefore, a material term hereof. City's failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A
waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
20. SEVERANCE. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted
21. JOINT PREPARATION. Each party and its counsel have participated fully in the
review and revision of this Agreement and acknowledge that the preparation of this Agreement
has been their joint effort. The language agreed to expresses their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely
against one of the parties than the other. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against any party.
22. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by the City and Consultant or
others delegated authority to or otherwise authorized to execute same on their behalf.
C1314 -035 THE WEITZ COMPANY 9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
23. PRIOR AGREEMENTS. This document represents the final and complete
understanding of the parties and incorporates or supersedes all prior negotiations,
correspondence, conversations, agreements, and understanding applicable to the matters
contained herein. The parties agree that there is no commitment, agreement, or understanding
concerning the subject matter of this Agreement that is not contained in this written document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon
any prior representation or agreement, whether oral or written.
24. REPRESENTATION OF AUTHORITY. Each individual executing this Agreement
on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she
signs this Agreement, duly authorized by all necessary and appropriate action to execute this
Agreement on behalf of such party and does so with full legal authority.
25. MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed by all
parties, each of which, bearing original signatures, shall have the force and effect of an original
document.
26. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
any attachments hereto. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any attachment attached hereto, or any document or events referred
to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision
contained in this Agreement 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 Attachment "A ", attached hereto.
[remainder of page intentionally left blank]
C1314-035 THE WEITZ COMPANY 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
Signafure V
Y f
Print Name
ATTEST:
BY:
Jane A. Hines, MM(.-r, City Clerk
C1314-035 THE wEITZ COMPANY 11
THE WEITZ COMPANY
BY: *"5� '�\
J n Tori, Senior Vice President
CITY OF SUNNY ISLES BEACH
`� BY.
N rman S. Edelcup, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Hans Ottinot City Attorney A 4-4;1 4e/
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C/T r
OF S U N PLO
TO:
VIA:
FROM
DATE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
Norman S. Edelcup, Mayor
Isaac Aelion, Vice Mayor
Jeanette Gatto, Commissioner
Jennifer Levin, Commissioner
George "Bud" Scholl, Commissioner
Christopher J. Russo, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, MMC, City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Bill Evans, Assistant City Manager
April 1, 2014
RE: Resolution Authorizing the City Manager to Negotiate a Contract with
The Weitz Company for Construction Management Services for
Gateway Park
RECOMMENDATIONS:
Staff is recommending the City Commission approve the attached resolution.
REASONS:
Although a professional service, the City has the benefit of a previous RFQ issued in
2012, which resulted in (7) seven construction management companies responding.
The Weitz Company was one of the seven respondents to provide Construction
Management Services for Gateway Park. The Weitz Company has broad and diverse
experience in construction and is particularly well suited to perform these services for
the City. As with many complex and large projects, Construction Management Services
are needed to insure the final project meets or exceeds contract requirements for
construction of the project. These services represent approximately 2.4% of the
construction costs.
COST:
Not to exceed $475,000 from Account No. 20.600 -5688.
Agenda Item — - _:� _f_�,
Date 4 —i—iq