HomeMy WebLinkAboutReso 2024-3751RESOLUTION NO. 2024 - 1S [� I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RESCINDING RESOLUTION NO. 2024-3695; RATIFYING THE PURCHASE OF
A NEW 24'X36' PRE-ENGINEERED MODULAR BUILDING TO BE LOCATED AT 18070
COLLINS AVENUE, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-NINE
THOUSAND FOUR HUNDRED SIXTY-SIX DOLLARS AND NO CENTS ($259,466.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on August 15, 2024, via Resolution No. 2024-3695, the City Commission of
the City of Sunny Isles Beach (the "City") authorized the City Manager to negotiate and execute
an Agreement with Fabricon Modular ("Fabricon") to provide to supply, install, and construct a
pre-engineered modular building (the "Modular") to be located at 18070 Collins Avenue, in an
amount not to exceed $207,755.90; and
WHEREAS, the City and Fabricon reached an impasse in negotiations;
WHEREAS, while conducting a review of available sources, Mobile Modular
("Contractor") advised the City that they are able to provide the Modular under Sourcewell
Contract No. 1202800 -MMR (the "Sourcewell Contract"); and
WHEREAS, pursuant to Section 62-13, purchases made through intergovernmental
cooperative purchasing arrangements or purchasing consortiums organized as a corporation not
for profit whose members are governmental entities, provided that such cooperative
purchasing arrangements or consortiums provide for a competitive process to select a vendor,
are exempt from the competitive bidding requirements set forth in Chapter 62; and
WHEREAS, the Contractor is a certified and insured company with the necessary
experience to provide the desired Modular; and
WHEREAS, on October 21, 2024, the City Manager determined that it as in the best
interest of the City to move forward with the purchase of the Modular and authorized the
purchase of the Modular using the pricing and terms of the Sourcewell Contract; and
WHEREAS, the City wishes rescind Resolution No. 2024-3695, and ratifies the purchase
of the Modular from the Contractor, in an amount not to exceed Two Hundred Fifty -Nine
Thousand Four Hundred Sixty -Six Dollars and No Cents ($259,466.00), which includes a
contingency amount of Forty Thousand Dollars and No Cents ($40,000.00), attached hereto as
Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Rescindment of Resolution. The City Commission hereby rescinds Resolution No.
2024-3695.
@BCL@4COBD79F.doc Page 1 of 2 342
Section 2. Ratification of Purchase. The City Commission hereby ratifies the purchase of a
pre-engineered modular building to be located at 18070 Collins Avenue, in an amount not to
exceed Two Hundred Fifty -Nine Thousand Four Hundred Sixty -Six Dollars and No Cents
($259,466.00), which includes a contingency amount of Forty Thousand Dollars and No Cents
($40,000.00), attached hereto as Exhibit "A".
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED on this 211t day of v tuber, 2024.
Maurizio Botancurl CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
*' A96.&O
Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by:V6 ,� Seconded by:
Vote:
Mayor Svechin L yes) (No)
Vice Mayor Lama_,(Nes) (No)
Commissioner Joseph ,/ (Yes) (No)
Commissioner Stuyvesant(Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@4COBD79F.doc Page 2 of 2 343
a Division of McGrath RentCorp
Corporate Headquarters
mobile 5700 Las Positas Rd
modular P Livermore, CA 94551
925-606-9000
www.mgrc.com
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822 -MMR
Sale Quotation and Agreement
Quote #
Q-467189
Date of Quote
09/06/2024
Quote Expiration Date:
10/06/2024
Estimate Del Date
09/06/2024
Buyer POM
TBD
Buyer Name and Billing Address Site Information Seller Name
City Of Sunny Isles Beach ("Buyer") Genesis Cuevas Mobile Modular Management Corporation
18070 Collins Avenue 18070 Collins Avenue a Division of McGrath RentCorp ("Seller")
SUNNY ISLES BEACH, FL 33160 SUNNY ISLES BEACH, FL Questions?
Genesis Cuevas 33160 Contact: Michael Caouette
Phone #: (305) 792-1953 Cell: (305) 792-1953 michael.caouette@mobilemodular.com
Sourcewell member Account#19200 Direct Phone: 1 (786) 261-0590
Eco 11 Xpand, 24x36 DBPR (Item2094VV)
(Unisex Restroom.Viny covered Gypsum (VCG)
Interior./ Windowl Door) 1 $181,900.00 N
Sourcewell Building price @ 230.00/SF x 864 = $198,7: 0.00 (-) minus A Discount $16,820.0( = Total $181,900.00
Eco 11 Xpand, 2406 DBPR (ltem2094VV)
(Unisex Restroom.Viny covered Gypsum (VCG)
Interior./ Window1 Door)
Delivery
2
$2,079.0(
$4,158.00 N
Block and Level Building
1
$5,100.0(
$5,100.00 N
Essential Material Handling Fee
2
$75.0(
$150.00 N
Drawings
1
$358.0(
$358.00 N
Skirting, Install
120
$35.0(
$4,200.00 N
HC Ramp and Stairs
1
$23,600.0 0
$23,600.00 N
(30' Switchback ramp w! 8'x8' landing and step attachment, includes digitally SS plans)
Taxes $0.00
Total Charges (including tax) $219,466.00
Additional notes: Mobile Modular Sourcewell: Contract# 1202800 -MMR. (1) New 2436 ECO Xpand unit, sale price
using standard Sourcewell pricing (-) minus MM Discount. All one-time charges including delivery, installation, skirting
block and level, HC Ramp, Stairs, drawings, etc., was priced using RSMeans plus 17% markup.
Pricing is per Mobile Modular's Sourcewell Contract.
• Quote is valid for 30 days.
• Buyer's site must be dry, compacted, level and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. will be paid by
Buyer. Unless noted, prices do not include permits, stairs, foundation systems, temporary power, skirting, engineering, taxes or
utility hookups.
• Subject to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances provided
are previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request.
• This transaction is subject to prior credit approval
• Unless otherwise noted, prices do not include prevailing wages, Davis -Bacon wages, or other special or certifiedwages.
Quote # Q-467189 Page 1 of 5
9/6/2024 1:24:49 PM
344
mobile
modular P
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.nigrc.com
Sale Quotation and Agreement
Quote #
Q467189
Date of Quote
09/06/2024
Quote Expiration Date:
10/06/2024
Estimate Del Date
09/06/2024
Buyer PO#:
TBD
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822 -MMR
This Sale Quotation and Agreement is entered into by and between Seller and Buyer effective as of the date signed by Buyer.
This Sale Quotation and Agreement includes the terms and conditions set forth in the following two documents (collectively, the
"Agreement"), each of which is incorporated herein by this reference:
1. Sale Terms and Conditions attached hereto; and
2. Supplemental Sale Terms and Conditions located at (https://www.mobilemodular.com/contractterms), as the
same may be updated from time to time in the sole and absolute discretion of Lessor.
By signing below, Buyer: (1) acknowledges and agrees that it has received, read and understands the terms of this Agreement
and agrees to be bound by the terms of this Agreement, including prices and specifications, and (2) instructs Seller to make
appropriate arrangements for the preparation and delivery of the Equipment identified herein. This Agreement may be executed
in one or more counterparts (including through the use of electronic signatures), each of which shall be deemed an original and
all of which shall constitute one and the same Agreement. Upon execution of this Agreement, Seller shall generate a Sale
Agreement Number, which shall be referenced on all Seller invoices.
The individuals signing this Agreement affirm that they are duly authorized to execute this Agreement by and on behalf of the parties
hereto.
SELLER:
Mobile Modular Management Corporation
a Division of McGrath RentCorp
Signature:
Digitally signed by Keith Jones
DN: OU=Mobile Modular Mgmt
Name: KelthCorp, 0 --McGrath, CN=Keith
Jones, E= ei nes mgrc.wm
Reason: I am approving this
ocation: FIL
Title: Jones
document
t PDP Editor Version: 12.1.3
Date:
Quote # Q467189
9/612024 1:24:49 PM
BUYER:
City Of Sunny Isles Beach
Signature:^+ _
Name: i't fl
Title: CI r -y /114
Date: /to ' Z I ' 7- /
Page 2 of 5
345
mobile
modular ,.
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
Sale Quotation and Agreement
Quote #
Q467189
Date of Quote
09/06/2024
Quote Expiration Date:
10/06/2024
Estimate Del Date
09/06/2024
Buyer PO#:
TBD
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822 -MMR
SALE TERMS AND CONDITIONS
1. SALE. Seller sells to Buyer, and Buyer purchases from Seller, the equipment listed on the Agreement hereto ("Equipment') on the terms and
conditions set forth herein. This Agreement constitutes a separate and independent sale (a "Sale") of the Equipment specified in the Agreement.
2. TIME PAYMENT; TITLE RETENTION
(a) PURCHASE PRICE. The aggregate amount of the purchase price (the "Purchase Price") is set forth in the Agreement. Unless otherwise
specified in writing, Buyer agrees to pay Seller within thirty (30) days of substantial completion (substantial completion does not include
punch list items). In addition to the Purchase Price, Buyer shall pay such charges as are attributable to circumstances related to the delivery,
drop-off and relocation of Equipment.
(b) TITLEIRETENTION. Title to the Equipment shall not pass to Buyer before the entire Purchase Price has been paid to Seller. Upon Sellers
receipt of payment in full of the Purchase Price, title to the Equipment shall transfer to Buyer, free and clear of all encumbrances arising by
or through Seller. All payments due from Buyer pursuant to the terms of the Agreement shall be made without any abatement or set off of
any kind, arising from any cause.
CANCELLATION. All sales are final and non-refundable upon delivery of the Equipment to Buyer's site location. Any requests to cancel or
reschedule orders prior to delivery may or may not be accepted in Seller's sole discretion and must be agreed upon by Seller in writing. Without
waiving any of its rights, Seller is entitled to recover Its costs incurred and profits lost as a result of Buyer's cancellation or rescheduling of an
order. A cancellation fee may be assessed against Buyer. In no event shall such fee exceed the full value of the Agreement. If Buyer has made
down payment(s) to Seller prior to cancellation and the cancellation fee is less than the amount(s) already paid, Seller shall deduct the amount
of the cancellation fee from any refund that maybe owed to Buyer. If down payment amount(s) already made are less than the cancellation fee,
Seller shall apply the full down payment amount(s) to the payment of the cancellation fee and Buyer will pay the remaining cancellation fee
balance within ten (10) business days after receiving written notice of the balance due. If no down payment has been made by Buyer at the time
of cancellation, Buyer shall pay to Seller the entire cancellation balance within ten (10) business days of receipt of written notice from Seller
stating the cancellation fee balance that is due.
DELIVERY AND PLACEMENT OF EQUIPMENT. Seller agrees to deliver the Equipment to the site location listed on the Agreement (the
"Site"). Buyer warrants and represents that it has exercised due diligence and care in selecting a suitable site for the Equipment, shall clearly
mark the site of placement and shall direct Seller on exact placement and orientation of the Equipment. Upon request from Buyer and for an
additional fee, Seller will perform a site visit and make recommendations on placement as it relates to site accessibility and layout. Buyer further
warrants that the Site will have (1) safe access free from encumbrances; (2) a level pad, which is hereby defined as having no greater than a fl-
inch drop in 40 feet (length) and no greater than a 1 -inch drop in 8 feet (width); and (3) adequate soil bearing pressure of not less than 1500 psf,
except in the state of Florida, where the minimum soil bearing pressure is 2000 psf. Following delivery, Seller will remove all Seller -owned
Equipment such as plywood, tools, etc. prior to or at the time of building acceptance. Buyer is responsible for all necessary permits, utility
hookups, and Site preparation.
4. INSPECTION AND ACCEPTANCE. Following delivery and setup of the Equipment, Buyer shall inspect the Equipment within forty-eight (48)
hours of substantial completion and provide immediate written notice to Seller specifying defects, if any, which Buyer observes. If Buyer fails
to provide such notice within four (4) days following substantial completion of the project, it shall be conclusively presumed between Buyer and
Seller that Buyer has inspected the Equipment and that all Equipment is in conformance with the Agreement and has been accepted by Buyer.
5. BUYER AGREEMENTS. Buyer agrees that Seller may insert in the Agreement, the serial number and other identification data relating to the
Equipment when ascertained by Seller.
6, LOSS OR DAMAGE. All risk of loss or damage to the Equipment shall transfer to Buyer upon delivery of the Equipment to the site location.
Buyer agrees to indemnify and hold Seller harmless from any loss resulting from the theft, destruction or damage to the Equipment, after delivery.
The cost of any required repairs shall be borne by Buyer. Any loss of or damage to the Equipment shall not alleviate Buyer's obligation to pay
Seller any remaining balance of the Purchase Price existing at the time of the loss.
7. INSURANCE Buyer shall also provide, maintain, and pay all premiums forgeneral liability insurance in the amount of $1,000,000.00 (one million
dollars). All insurance shall be with a company having an A.M. Best rating of A- or better, and shall not be subject to cancellation without thirty
(30) days prior written notice to Seller. Buyer shall deliver to Seller insurance certificates, or evidence of insurance proving the existence of
policies meeting the above requirements, upon execution of the Agreement. Buyer's obligation to provide said insurance will cease once
Equipment has been paid for in full and pursuant to Section 2.
Quote # QA67189 Page 3 of 5
916/2024 1:24:49 PM
346
mobile
modular P.
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822
8. WAIVER AND INDEMNIFICATION.
Sale Quotation and Agreement
Quote #
Q-467189
Date of Quote
09/06/2024
Quote Expiration Date:
10/06/2024
Estimate Del Date
09/06/2024
Buyer PO#:
TBD
(a) Seller shall not be liable for any consequential, incidental, or special damages of any kind (including, but not limited to damages for loss of
use or of profit by Buyer or any other party; or for any collateral damages), , which may result from or arise in connection with the manufacture, ,
delivery, installation, checkout or use of the Equipment or in connection with the services rendered by Seller hereunder.
(b) To the fullest extent of applicable law, Buyer shall indemnify and hold Seller (and its agents and employees) harmless from and against any
and all claims, actions or proceedings and any and all damages, liabilities, losses, costs and expenses (including reasonable attorney fees)
arising out of or in connection with the Agreement. If the foregoing obligation is not enforceable against Buyer under applicable law, Buyer
agrees to indemnify and hold Seller harmless from damages, liabilities, losses, costs and expenses to the maximum extent permitted by
applicable law, This indemnity obligation shall not extend to damages, liabilities, or losses to the extent said damages, liabilities, or losses are
caused by the negligence or willful misconduct of Seiler, its employees, or subcontractors.
9. TERMINATION FOLLOWING BREACH. In the event (a) of bankruptcy or insolvency of Buyer, or in the event any proceeding is brought by or
against Buyervoluntarity or involuntarily, under the provisions of the Bankruptcy Code of the United Slates, for the appointment of a receiver or
trustee or any assignment for the benefit of creditors of Buyer, or (b) that Buyer fails to make timely payments, or perform any of its other
obligations, under the Agreement, and such failure or default is not cured within ten (10) days after written notice of such failure or default is
provided by Seiler, the Agreement automatically shall be terminated in the case of any event described in clause (a) above and may be
terminated by Seller in the case of any event described in clause (b) above and, upon such termination, full payment pursuant to the terms of
the Agreement shall become immediately due and payable from Buyer. In the event of any such breach or termination. Seller shall have all
rights provided by law and under the terms and conditions of the Agreement including but not limited to: repossession and disposal of the Equipment
(and, if any personal property shall remain located in the Equipment at such time, Buyer consents to Seller's possession and disposal or destruction of
such personal property upon fourteen (14) days prior written notice to Buyer) and recovery of attorney's fees and other reasonable costs and
expenses from the Buyer associated with any breach or termination by the Buyer. .
10. GOVERNING LAW. Buyer and Seller agree that the Agreement shall be governed in all respects by, and interpreted in accordance with the
laws of, the State of Florida, without regard to its conflicts of laws provisions.
11. JURISDICTION.
(a) If the law of the State of Maryland or Virginia shall apply to the Agreement, it is agreed that the venue for a legal action relating to the
Agreement shall be proper if brought in Alameda County, State of California. Subject to Section 9, the prevailing party shall be entitled to recover
reasonable attorneys' fees and court costs, whether or not the action proceeds to judgment.
(b) If the law of any State other than Maryland shall apply to the Agreement, the Federal District Courts located within the State of Florida shall
have non-exclusive jurisdiction over any lawsuit brought by Buyer or Seller as a result of any dispute regarding matters arising in connection with
the Agreement. Further, it is agreed that the venue for a legal action relating to the Agreement shall be proper if brought in Miami -Dade County,
State of Florida. Subject to Section 9, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs, whether or
not the action proceeds to judgment.
12. RESERVED.
13. LICENSE AND TRANSFER FEE(S). If so listed on the Agreement, the Purchase Price includes license and/or transfer fees. Buyerwill be billed
directly by the State for future annual license fees where applicable.
14. COMPLIANCE WITH LAW. Buyer assumes all responsibility for any and all licenses, clearances, permits and other certificates as may be
required for Buyer's lawful operation, use, possession and occupancy of the Equipment. Buyer agrees to fully comply with all laws, rules,
regulations and orders of all local, state and federal governmental authorities which in any way relate to the Equipment: and to indemnify and
hold Seller harmless from any and all fines, forfeitures, seizures, penalties or other liabilities that may arise from any infringement or violation of
any such law, rule, regulation or order.
15. FEDERAL CONTRACTOR. As a federal contractor, Seller's contracts are subject to the provisions of (i) Executive Order 11246, (41 CFR 60-
1.4); (ii) section 503 of the Rehabilitation Act of 1973, (41 CFR 60-741.5(a); and (iii) section 4212 of the Vietnam Era Veterans Readjustment
Act of 1974, (41 CFR 60-300.5(a). Sellershall abide by the requirements of 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a). These regulations
prohibit discrimination against qualified individuals on the basis of disability, and qualified protected veterans, and require affirmative
action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities,
and qualified protected veterans.
16. MISCELLANEOUS.
(a) MODIFICATIONS AND AMENDMENTS. Representations and warranties made by any person, including agents and representatives of
Seller, which are inconsistent or conflict with the terms of the warranty contained in Section 1 of the Incorporated Provisions on the website
(including but not limited to the liability of Seiler as set forth above) shall not be binding upon Seller unless reduced to writing and approved by
Quote # 0-067189
9/6/2024 1:24:49 PM
Page 4 of 5
347
mobile
modular
a Division of McGrath RentCorp
Corporate Headquarters
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mgrc.com
MOBILE MODULAR SOURCEWELL CONTRACT ID# 1
Sale Quotation and Agreement
Quote #
QA67189
Date of Quote
09/06/2024
Quote Expiration Date:
10/06/2024
Estimate Del Date
09/06/2024
Buyer PO#:
TBD
an officer of Seller. Notwithstanding the foregoing, from time to time, Buyer or Seller may request modifications to the scope of work hereunder,
which at the sole option of the Seller may be accepted and thus alter the final price stipulated herein. These changes in scope will be deemed
approved by Buyer when evidence of work performance is presented by Seller
(b) NO WAIVER. Failure of Seller to enforce any tern or condition of the Agreement shall not constitute waiver of any rights stipulated herein,
nor shall it in any manner affect the rights of Seller to enforce any of the provisions stated herein. Waiver by Seller of any provision of the
Agreement shall be valid only as provided in subsection (a) above and only with respect to the specific matter to which such waiver relates.
(c) If the law of the State of North Carolina shall apply to the Agreement, the does not constitute a "construction contract' or otherwise relate to
the improvement of real estate or the design, planning, construction, alteration, repair or maintenance of a building, structure or appurtenance.
17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Seller and Buyer regarding the subject matter hereof. If any
part of the Agreement is found to be invalid or illegal, Buyer and Seller agree that only the invalid or illegal portion of the Agreement will be
eliminated.
Sale Terms and Conditions, Rev12/12/16
Quote # Q-467189
916/2024 1:24:49 PM
Page 5 of 5
348
CfP, 4F SUN W. p
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: Rick Labinsky, P.E., City Engineer
DATE: November 21, 2024
RE: Ratification of a Contract with Mobile Modular, Corp. for the Installation of a
Modular Office Building for Use by the Building Department
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
On the August 15, 2024 agenda, City Staff had requested and received approval to purchase and install a
new 24' x 36' pre-engineered modular office building for use by the Building Department for relocation
of the city's inspection division from the 3rd floor workstations, and to allow for the placement of
additional staffing. The modular offices will be repurposed once the new building department
renovation at the city annex is completed.
The August approval involved a vendor named Fabricon Modular. However, after contract negotiations,
the terms were not favorable to the city. As a result, the city decided not to proceed with the award to
Fabricon and opted for a different vendor, Mobile Modular. Although Mobile Modular's offer is
approximately $30,000 higher (totaling $219,466.00), they did not require upfront pre -payment, unlike
Fabricon. Mobile Modular's contract terms allow for payment upon the city's inspection/acceptance of
the unit, which minimizes purchasing risk forthe city.
The cost of the Modular is $219,466.00. Staff is also requesting a contingency in the amount of
$40,000.00 to be used if needed, for a total amount not to exceed of $259,466.00.
ADDITIONAL INFORMATION:
Item Number: 9.1-1
340
Delivery Date:
November 14, 2024.
References:
Verified governmental references are available
upon request to the City Clerk's Office.
Warranty:
One (1) Year from acceptance.
Procurement:
Sourcewell Contract # 1202800-M MR, contract
name: Relocatable Building Solutions.
Estimated Implementation Timeframe:
Building Department inspectors are expected to
mobilize no laterthan January 2025.
Technical Specifications:
Wind load is 186 HVHZ (High Velocity Hurricane
Zone).
FUNDING SOURCE:
Funds have been appropriated in Account No. 140-4-5150-463000-00000.
ATTACHMENTS:
Resolution
Purchase Contract
Item Number: 9.1-1
341