HomeMy WebLinkAboutReso 2023-3498RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RATIFYING AN EXPENDITURE WITH COCHRANE USA TO FURNISH AND
INSTALL A PERIMETER FENCE AT SENATOR GWEN MARGOLIS PARK, IN AN
AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach ("City") was in need of a contractor to furnish
and install a perimeter fence at Senator Gwen Margolis Park ("Product and Services"); and
WHEREAS, pursuant to Section 62-13(F) of the City's Purchasing Code, City staff
identified Cochrane USA ("Contractor") to be a sole source provider of the desired Product and
Services; and
WHEREAS, the Contractor submitted a proposal for the Product and Services in an
amount not to exceed $49,999.99; and
WHEREAS, in August 2022, after conducting a due diligence review, the City Manager of
authorized the issuance of a purchase order the Contractor for the Product and Services as a
sole source vendor; and
WHEREAS, due to concerns with the existing underground utilities, and upon the
removal of the old fence, City staff determined that the reuse of the existing holes for the new
fence would not be feasible; and
WHEREAS, as a result of the aforementioned issues, the fence would need to be setback
approximately 12 to 15 inches from the perimeter, requiring additional materials ("Additional
Materials"); and
WHEREAS, the Contractor submitted a quote in the amount of $10,000.00 for the
Additional Materials; and
WHEREAS, the City Manager authorized the increase in spending authority with the
Contractor for the Additional Materials, subject to ratification by the City Commission; and
WHEREAS, the City Commission now wishes to ratify the expenditure with the
Contractor for the Additional Materials, in an amount not to exceed Ten Thousand Dollars
($10,000.00), which amount includes a contingency in the amount of Two Thousand Eight
Hundred Sixty -Four Dollars ($2,864.00), bringing the total expenditure authorization to an
amount not to exceed Fifty -Nine Thousand Nine Hundred Ninety -Nine Dollars and Ninety -Nine
Cents ($59,999.99) attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
@BCL@BCOB3CCB.Doc Page 1 of 2
Section 1. Ratification of Expenditure. The City Commission hereby ratifies the expenditure
with Cochrane USA for the Additional Materials, in an amount not to exceed Ten Thousand
Dollars ($10,000.00), which amount includes a contingency in the amount of Two Thousand
Eight Hundred Sixty -Four Dollars ($2,864.00), bringing the total expenditure authorization to an
amount not to exceed Fifty -Nine Thousand Nine Hundred Ninety -Nine Dollars and Ninety -Nine
Cents ($59,999.99) attached hereto as Exhibit "A".
Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20th day of 023.
ATTEST:
Mauri io Betancur, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
%i • A. 6ion,Attorney
Moved by: - er s Seconded by: ? is
Vote:
Mayor Svechin
(Yes)
(No)
Vice Mayor Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
@BCL@BCOB3CCB.Doc Page 2 of 2
PRICE ESTIMATE
City of Sunny Isles Beach Margolis Park Add-on
City of Sunny Isles Beach
Tel:
228.234.7369.
Email:
fvolpiCa)sibfl.net
Attention:
Fabricio Volpi
Date:
Tuesday, 11 April 2023
Payment Rei:
NY/CO/NZ/63
BAn
RE:
PRICE ESTIMATE FOR COCHRANE CLEARVU INVISIBLE WALL
As agreed, we furnish with pleasure, our detailed price estimate for the supply of the requested ClearVu Invisible Wall Fencing System:
CL=ARVU
COCHRANE'S. INVISIBLE WAL
INVISIBLE FENCI
Cochrane USA, Inc.
3551 Lee Hill Drive
Fredericksburg
VA,22408
United States of America
Tel: 0 (0) 202 853 3227
info(a)cochrane.co
Taper Locking Post
Post Height (ft) 9 Structural Marine coated 270,00 10 $ 2700,00
Jet Black
ClearVu Invisible Wall Panels
Panel Width (it) 9'-17/64" Mesh Galvanized, then Marine Fusion Bond 266,74 1 $ 266,74
Height (ft) 6 coated (acid modified)
'Panel incl. Clamps & Tech Bolts Jet Black
.L� _- '...PRICE PER tINR ,.TOTAL UNrtS:, :TOTAL
ClearVu Invisible Wall Panels
Panel Width (ft) 4'- 7 8/64" Mesh Galvanized, then Marine Fusion Bond 161,72 1 $ 161,72
Height (ft) 6 coated (acid modified)
-Panel incl. Clamps & Tech Bolts Jet Black
ClearVu Invisible Wall Panels ..�.
Panel Width (it) 5'-76/64" Mesh Galvanized, then Marine Fusion Bond 196,84 1 $ 196,84
Height (ft) 6 coated (acid modified)
-Panel Incl. Clamps & Tech Bolts let Black
CYTUM,ki�..,.....t . s _s.-_.�� "W- .. s..,�W�x .c.. .,_,_., .: ..,w__.f COA_TINS:n ...__.i .....,._ssvPICE RER pNfr z,.. _,
ClearVu Invisible Wall Panels r� s
Panel Width (it) 10'-47/64" Mesh Galvanized, then Marine Fusion Bond 303,42 1 $ 303,42
Height (ft) 6 coated (acid modified)
'Panel incl. Clamps & Tech Bolts
let Black
'£.
ClearVu Invisible Wall Panels
Panel Width (it)
6'-47/64"
Mesh Galvanized, then Marine Fusion Bond
223,29
1 $ 223,29
Height (ft)
6
coated (acid modified)
'Panel Incl. Clamps & Tech Bolts
Jet Black
'�
PRICE PER tiNRs
TOTAL UNRS 4TOTAL
f COATINGi i -
_u
ClearVu Invisible Wall Panels
-
Panel Width (ft)
6' -7 7/64"
Mesh Galvanized, then Marine Fusion Bond
232,07
1 $ 232,07
Height (ft)
6
coated (acid modified)
-Panel incl. Clamps & Tech Bolts Jet Black
MANUFACTURER OF THE WORLD'S MOST ADVANCED PERIMETER BARRIERS
CHRANE
I'll, 4
2111 "INN M11722 -i RM, 17
ClearVu Invisible Wall Panels
Panel Width (ft) 10'-47/64" Mesh Galvanized, then Marine Fusion Bond 303,42 1 303,42
Height (ft) 6 coated (acid modified)
-Panel Ind. Clamps & Tech Bolts Jet Black
ENO
ClearVu Invisible Wall Panels
Panel Width (it) 8'-48/64" Mesh Galvanized, then Marine Fusion Bond 293,75 1 293,75
Height (ft) 6 coated (acid modified)
*Panel Ind. Clamps & Tech Bolts Jet Black
-Y
ClearVu Invisible Wall Panels
Panel Width (ft) 6'-47/64" Mesh Galvanized, then Marine Fusion Bond 223,29 1 223,29
Height (ft) 6 coated (acid modified)
-Panel Incl. Clamps & Tech Bolts Jet Black
I ADDITIONS I
Tech Bolt
Jet Black
Transport to 17815 North Bay Road Sunny Isles Beach, FL
-Disclaimer:
Above Excludes Any Additional Required Engineering
0,72 600 432,00
1800,09
1800,09
MANUFACTURER OF THE WORLD'S MOST ADVANCED PERIMETER BARRIERS
.412iiCHRANE
CLEARVU
PRICE ESTIMATE COCHRANE'S INVISIBLE WALL
City of Sunny Isles Beach Cultural & Community Services Department — Soccer Field INVISIBLE FENCE
City of Sunny Isles Beach Cultural & Community Services Department — Soccer Field Co,:hmns USA. Inc
Tel: 305792-1796 Y561 Lee Hill Drive
gm!L SFloresQsibfl.net F,.d9,sGksb.ia
Attention: Sylvia Flores VA 22408
Date: 15 July 2022 1,110d states )irAmerica
Payment Ref'. NYICSIB/IK117E f al M 2.02 Sia 122
RE: PRICE ESTIMATE FOR COCHRANE PARKLAND RIGID FENCE
As agreed, we furnish with pleasure, our detailed price estimate for the supply of the requested Parkland Fencing System:
goo BA5ED ON j�
Pigtqppit NIT
Taper Locking Post
Post Height (ft) 9 Structural Marine coated 163.42 84 $ 13727,28
Situate Post
Post Length (ft)
let Black
Structural Marine coated
Jet Black
105,19
105,19
MANUFACTURER OF THE WORLD'S MOST ADVANCED PERIMETER BARRIERS
CLEARVILI INVISIBLE
'.AOJ IiI,
WALL PANELS
tJN
j
Cleary Wall Panels
�'_IILI'Ji
Panel off IR)
10, - 101/8"
Mesh Galvanized, then Marine Fusion Bond
214,98 90
19348,20
Height (fit)
6
coated (acid modified)
-Panel Incl. Clamps & Tech Bolts
Jet Black
:f TOTALSYSTEMJP0q Vc l'
TOTAL SYSTEM PRICE PER LINEAR FOOT
Z;
Cochrane Anti -Scale Device
Galvanized, then Marine Fusion Bond coated (acid mo, 2,56 720
$ 1843,20
let Black
CLEARVU GATES EMBEDDED
POSTS
IFMPN
APT! 7"
13 It Double Leaf
Swing 6
Galvanized, then Marine Fusion Bond coated (acid 4102,47 1
mi,dified)
$ 4102,47
5 it Single Leaf
Swing 6
Galvanized, then Marine Fusion Bond coated (acid 1581,07 4
modified)
$ 6324,28
Jet Black
?; TOTALSYSTETN PRICE P!T
TN'ES.-
SYS.1 Is
TRANSPORT
DESCRIPTION ESCR PTION
Transport to 17815 North Bay Road, Sunny
isles Beach, FL, USA
4549,37 1
$ 4549,37
,TOTAL SYSTEM PRICE IN60.161NG TAXES
-Disclaimer:
Above Excludes Any Additional Required
Engineering
MANUFACTURER OF THE WORLD'S MOST ADVANCED PERIMETER BARRIERS
Annexure"A"
ADDENDUM TO PURCHASE ORDER NO 22-01752
between
COCHRANE USA INCOPRATED
("the Supplier")
And
PUBLIC WORKS DEPARTMENT CITY OF SUNNY ISLES BEACH
("the Purchaser")
WHEREAS: The Purchaser and the Supplier exchanged contractual documentation pursuant to the above
Purchase Order. Both the Purchaser and Supplier would like to add the below terms and
conditions as express terms to the Purchase Order, dated 17 August 2022, for the supply of
various fencing material.
AND WHEREAS:
1. The parties wish to amend their Purchase Order's terms and conditions to reflect the changes as per
the addendum;
2. Subject to the amendments set out herein, the same terms and conditions as per the abovementioned
Purchase Order shall prevail.
NOW THEREFORE, IT IS AGREED THAT:
1. Amendment:
1.1. The Purchaser and Supplier hereby agrees to the following amendments to the Purchase Order:
1.1.1 Delivery Required: "09/30/2022" to be changed to: "11/20/2022".
1.1.2 Clause 3: The following to be removed: "Acceptance"
and replaced by: "receipt of payment in full in favour of the seller."
1.1.3 Clause 4: The following to be added -"At all times be subject to the Supplier's standard
warranty terms and conditions."
1.1.4 Clause 5: The following to be removed: "Seller agrees to pay all damages, costs and attorney's
fees incurred in the defence of any such claim."
and replaced by: "Seller shall indemnify, defend and hold harmless Buyer for all damages,
losses and liabilities, including all costs and attorney's fees incurred in the defence of any such
claim, arising out of (1) the operations of Seller pursuant to this Purchase Order, including but
not limited to those caused or arising out of a defective condition in the goods, whether patent
or latent, provided that such defect existed at the time of shipment by Seller; (2) infringement
of any United States patent, trademark or copyright for or on account of the use of any product
sold to the Buyer and/or (3) any negligent act, error or omission by the Seller, or its employees,
agents, subcontractors or assignees in connection with services performed under this
,J-, a
Purchase order, unless such damage, loss or liability arose from the Buyer's negligent acts,
omissions or intentional misconduct.
1.1.5 Clause 6: The following to be added: "Seller to be extended a 21 (twenty-one) day remedy
period. Thereafter and upon the Seller's failure to make shipment, the Buyer shall substantiate
these charges by submitting supporting documentation in line with this Purchase order cost.
The Buyer shall have a duty to mitigate these costs."
1.1.6 Clause 9: The following to be added: "At all times limited to 5% (five per centrum) of the total
value of the Purchase Order."
1.1.7 Clause 15: The following to be removed: "Seller rendering service on City property must
provide and maintain the City as an additional insured on their current policy."
1.1.8 Clause 16 To be added: "The Suppliers total liability for any liquidated damages or delay
penalties shall at all times be limited to 10% (ten per centrum) of this Purchase Order value.
Neither party shall be held liable for any consequential, indirect special loss/damage,
howsoever arising. Notwithstanding the foregoing, nothing contained in this Section 16 shall
limit the Seller's liability for default under Section 6 herein.
AS WITNESSES on behalf of the Purchaser
SIGNED at this day of 1 2022
1.
On behalf of PUBLIC WORKS DEPARTMENT
CITY OF SUNNY ISLES BEACH
Full Name:
(if applicable, the signatory being duly
authorised to sign this agreement)
AS WITNESSES on behalf of the Supplier
SIGNED at Myrtle Beach, South Carolina this 1st day of November 2022
1. t
2.
On beha f of COCHRANE USA INC
Full Name: Jonathan Mishoe
(if applicable, the signatory being duly
authorised to sign this agreement)
City of Sunny Isles Beach, Florida
Sole Source Form
(To be filled out with all sole sources and maintained in the contract file)
Pursuant to Chapter 62, §62-13(F) of the City of Sunny Isles Beach, Florida's Code of
Ordinances:
Supplies, equipment or services available from a sole source only may be
exempted from the bidding requirements of this chapter by the City manager upon
the filing of a written request by a department head to the City Manager outlining
the conditions and circumstances involved. after conducting a good faith review
of available sources, a contract may be awarded without competition when the
City Manager or purchasing agent determines in writing, after conducting a good
faith review of available sources. that there is only one source lin• the required
supply, brand, service, or construction item capable of fulfilling the needs of the
City.
Brief Description of the Purchase: Fencing for Senator Gwen Margolis Park
Selected Vendor: Cochrane USA Inc.
Request for sole source made by: Colin Summers, Assistant CCS Director
Request was reviewed by: Gayle Vasile, CCs Director 10
The following is a description of the good faith review of available sources that was
conducted: (Explain)
The fencing at Senator Gwen Margolis Park is in need of a complete replacement. The
current fencing around the soccer field is aluminum and has not been able to sustain the
wear and tear of this location. In particular, it is repeatedly forcefully struck by errant
soccer balls at very close range. This has caused the current fencing to warp, crack, and
lean.
The City needed to find a replacement product that is both durable and aesthetically
pleasing.
After review of various fencing products, the CCS Department found Cochrane USA, the
manufacturer of "ClearVu Invisible Wall" fencing product. After reviewing their product
and meeting with their representative on-site, we determined that their system will be both
extremely durable and aesthetically pleasing meeting the particular demands of this project.
.. ;'�3
It has been determined that there is only one source for the required supply, brand, service
or construction item capable of fulfilling the needs of the City for the following reasons:
Iain
Due to the location of this project, the City needs a product that will be able to withstand
significant force while remaining aesthetically pleasing. The C1earVu Invisible Wall has the
ability to meet both of these requirements. The product, with over 23 design registrations and
patents, can withstand up to 8 tonnes of breaking force. In addition, the posts and panels are
post -manufacture zinc treated, increasing the strength and lifespan of the system.
The C1earVu Invisible Wall can only be purchased directly from Cochrane USA. They have not
awarded a license to any third party to manufacture or sell the product.
The sole source justification has been approved by: ,� �.
Date:
g"3 •2122 City Manager
9� s� t F 6 O
i� d
'rt 6F SVL4
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Gayle Vasile, Cultural and Community Services Director
DATE: April 20, 2023
RE: Ratifying an Agreement with Cochrane USA for Installation of a Nev
Perimeter Fence at Senator Gwen Margolis Park
RECOMMENDATION:
Staff recommends approval of this resolution
REASONS:
The Cultural and Community Services Department sole sourced new fencing from Cochrane, USA, fo
the perimeter of Senator Gwen Margolis Park. This project was scheduled to begin in February 202 --
but was delayed due to concerns with underground utilities.
Additionally, upon removal of the old fencing, staff determined that using existing holes for the new
fence was not feasible to reuse because the new posts were larger than the existing ones. With both
issues, it was determined to move the fence approximately 12 to 15 inches from the perimeter
resulting in a shortage of materials.
The additional materials needed will result in purchases exceeding $50,000 with Cochran, USA. Tc
complete this project, we recommend purchasing nine custom panels, ten posts, and the hardware
which will take approximately 6-8 weeks to receive. We recommend ratifying the increase to Cochrane
USA purchase order in the amount not exceeding $10,000.
FUNDING SOURCE:
Funds will be allocated from account 300-6-5720-465000-25001.
ATTACHMENTS:
Item Number: 10.G
Resolution
New Quote
Original Quote
Item Number: 10.G