HomeMy WebLinkAboutReso 2015-2472 RESOLUTION NO. 2015- 2.14 7 2,
A RESOLUTION OF THE CITY COMMISSION OF THE
• CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
THE SECOND AMENDMENT TO THE AGREEMENT
WITH THE WEITZ COMPANY FOR CONSTRUCTION
MANAGEMENT SERVICES FOR GATEWAY PARK AND
THE PEDESTRIAN BRIDGE, IN AN AMOUNT NOT TO
EXCEED THREE HUNDRED THIRTY-FOUR THOUSAND
FOUR HUNDRED EIGHTY-SEVEN DOLLARS AND
SIXTY-SIX CENTS ($334,487.66), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT TO THE AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 1, 2014 via Resolution No. 2014-2219 the City Commission
entered into a one year 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); and
WHEREAS, on April 16, 2015 via Resolution No. 2015-2399 the City Commission
approved the First Amendment to the Agreement with The Weitz Company, extending the
Agreement to October 31, 2015 for Construction Management Services for Gateway Park, in an
amount not to exceed Two Hundred Thirty-Seven Thousand Five Hundred Dollars ($237,500.00)
bringing the total amount not to exceed to Seven Hundred Twelve Thousand Five Hundred
Dollars ($712,500.00); and
WHEREAS, the City is now in need of extending the Agreement to complete the project
by December 31, 2015, and wishes to amend the Scope of Services to include these services, in
an amount not to exceed Seventy-Nine Thousand One Hundred Sixty-Six Dollars and Sixty-Six
Cents ($79,166.66); and
WHEREAS, the City is now in need of Construction Management Services for Gateway
Park Pedestrian Bridge, and wishes to amend the Scope of Services to include these services, in
an amount not to exceed Two Hundred Fifty-Five Thousand Three Hundred Twenty-One Dollars
($255,321.00), for a total amount not to exceed Three Hundred Thirty-Four Thousand Four
Hundred Eighty-Seven Dollars and Sixty-Six Cents ($334,487.66), bringing the total contract
amount not to exceed to One Million Forty-Six Thousand Nine Hundred Eighty-Seven Dollars
and Sixty-Six Cents ($1,046,987.66); and
WHEREAS, The Weitz Company expressed the ability and desire to provide these
additional services and has submitted its proposal; and
82015-Weitz Co 2nd Amd To Agmt Construction Mgmt Srvs Gateway Park Page 1 of 3
WHEREAS, the City Commission wishes to approve the Second Amendment to the
Agreement with The Weitz Company, extending the Agreement to December 31, 2015 for
Construction Management Services for Gateway Park and for Construction Management
Services for the Gateway Park Pedestrian Bridge, in an amount not to exceed Three Hundred
Thirty-Four Thousand Four Hundred Eighty-Seven Dollars and Sixty-Six Cents ($334,487.66),
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. Approval of Second Amendment to Agreement. The City Commission hereby
approves the Second Amendment to the Agreement with The Weitz Company for Construction
Management Services for Gateway Park and the Pedestrian Bridge, in an amount not to exceed
Three Hundred Thirty-Four Thousand Four Hundred Eighty-Seven Dollars and Sixty-Six Cents
($334,487.66), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment to Agreement.
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 will become effective upon adoption.
PASSED AND ADOPTED this 15th day of October ollp
Geor:=• . Scholl, Mayor
. ATTEST: .. .
Jane A. Hines, MMC, City Clerk
_ Approved As to Form and
4dvt', •iency:
inns •ttinot, ■ ity Attorney
R2015-Weitz Co 2nd Amd To Agmt Construction Mgmt Srvs Gateway Park Page 2 of 3
Moved by:
Seconded by: C Yvv, L --\/ I
Vote: S-b
Mayor Scholl k/(Yes) (No)
Vice Mayor Gatto li(Yes) (No)
Commissioner Aelion /(Yes) (No)
Commissioner Goldman ,(/ Yes) (No)
Commissioner Levin (Yes) (No)
•
R2015-Weitz Co 2nd Amd To Agmt Construction Mgmt Srvs Gateway Park Page 3 of 3
of 4`,NNY I,�fJS ,
°'"' SECOND AMENDMENT TO THE AGREEMENT BETWEEN
Or THE CITY OF SUNNY ISLES BEACH AND THE WEITZ COMPANY
CONTRACT NO. C1516-007
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES
BEACH and THE WEITZ COMPANY,executed this k9day of October,2015,is made a part
of the original Agreement between the parties dated May 1, 2014, ("the Agreement"),between the
City of Sunny Isles Beach ("City") and The Weitz Company, ("Consultant"), attached hereto as
Attachment"C" whose Federal Identification# is 42-1512625. The City and Consultant hereby
agree as follows:
1. ADDITIONAL SERVICES. Section 2 of the original Agreement is hereby amended to
include additional services for Project Management Services for the construction of the Gateway
Park and Pedestrian Bridge connecting to Gateway Park ("Additional Services") as set forth in
Consultant's proposal, a copy of which is attached hereto and incorporated herein as Attachment
"B"
2. GATEWAY PARK MANAGEMENT SERVICES. Section 3 of the original Agreement
between the parties is hereby amended to extend the Consultant's Gateway Park Management
Services for the Gateway Park project from October 31, 2015 to December 31, 2015, ("Gateway
Park Management Services") as set forth in Consultant's proposal,a copy of which is attached hereto
and incorporated herein as Attachment "A". Consultant agrees to provide these Gateway Park
Management Services in a total amount not to exceed Seventy-Nine Thousand One Hundred Sixty-
Six Dollars and Sixty-Six Cents ($79,166.66).
3. GATEWAY PEDESTRIAN BRIDGE MANAGEMENT SERVICES. In addition to
the management services for Gateway Park,the Consultant shall provide management services for
the Gateway Pedestrian Bridge. The Agreement shall continue after December 31,2015,and shall
not expire until the Final Completion of the Pedestrian Bridge. The payment to Consultant, as set
forth in Section 4 of the original Agreement between the parties, is hereby amended to include
additional compensation for the Gateway Pedestrian Bridge Management Services in a total
amount not to exceed Two Hundred Fifty-Five Thousand Three Hundred Twenty-One Dollars
($255,321.00).
4. TOTAL CONTRACT AMOUNT. The original Agreement between the parties,
approved by the City Commission via Resolution No.2014-2219, in an amount not to exceed Four
Hundred Seventy Five Thousand Dollars ($475,000.00), together with the First Amendment
thereto, approved by the City Commission via Resolution No. 2015-2399, in an amount not to
exceed Two Hundred Thirty Seven Thousand Five Hundred Dollars($237,500.00),combined with
the Additional Compensation for this Second Amendment brings the total contract amount not to
exceed One Million Forty-Six Thousand Nine Hundred Eighty-Seven Dollars and Sixty-Six Cents
($1,046,987.66).
5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated May 1, 2014 shall
remain in full force and effect.
SIB
6. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this Second 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","B", or"C".
IN WITNESS WHEREOF,the parties hereto have executed this document as of the date
mentioned above.
WITNESS: THE WEITZ COMPANY
Signature. B :
Mane S4.,[ / tennis Gallag -r, SoFri.ef Vice President
Print Name Exec
`
c-:�' ATTEST: CITY OF S NNY k LES BEACH
_ f,
_, r ,,J : f � BY:
F'J' B �
. • . . `, Jane :,; ines;'MMC, City Clerk Geor �'H. Scholl, Mayor
- , 1 \.; - % APPROVED AS TO FORM AND
•i‘ --,, `'; LEGAL SU FICIENCY
BY: iftpt
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TIC 1r no \City Attorney
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® BUILD IN GOOD COMPANY.
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1211 SOUTH ANDREUVS AVENUE / SUITE 302 / FORT LAUDERDALE / FL 33316 /P: 954.SO5-2080/ VVUVIV.LNEITZ.COM
September 29,2015 ���j 0 2U1
f i Elka Linton-Dorsett City o mi It 1 n, ■;u.c.l;
Ptl!it:Wo l •;,!z:,11 ait 5,`
:1 Capital Projects Manager
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City of Sunny Isles Beach
?, -;; 18070 Collins Avenue
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-'7s;•', • Sunny Isles Beach, FL 33160
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spa , �;; RE:Gateway Park Project Management Services—Contract Extension Proposal
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Dear Elka:
3 , Our contract to provide Project Management Services on the Gateway Park project expires on 10/31/2015.
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s f; :f As requested,we propose to extend our services on an as-needed basis to the period ending 12/31/143,
try 1a
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EZ s 5 The monthly rate will be$39,583.33,for a Total additional amount of$79,166.66 and an additional 61
t*a01 calendar days added to our purchase order.
x `4; ;,Y We have based this proposal upon our current evaluation of the projects progress while the Contractor
,;gin€ ,,- updates the overall construction schedule for the City's review. Based on the work completed to date and
., L the upcoming inspections, as well as the material lead times and anticipated delivery dates for some of the
.;z sy' „`, life safety and finish items we believe the Contractor is on pace to receive TCO inspections by the end of
=,A:_=3 '*�`r•» the year and have submitted this proposal as such
J .- This proposal does not include additional project management review of the upcoming pedestrian
Y S 43'�1 -v:
*, , ��`,I bridge phase which has been submitted via a separate proposal-
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5.i.,5. ,�,q All other terms and conditions shall remain unchanged. Please feel free to contact me if you need any
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=-,e ,l additional information
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Sincerely,
�rzi°•&-J THE WEITZ COMPANY
Vii_.z_ _ I
�..'�-- y4' :' Peter Jakubiec,Project Executive .(S z`
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i•' i� •i x l 4 HONESTY AND INTEGRITY•RESPECT FOR PEOPLE•PERFORMANCE WITH ABSOLUTE RELIABILITY•LONG-TERM PERSPECTIVE•NURTURING PERSONAL GROWTH
frAi-�ry¢s.- Attachment "A"
® BUILD IN GOOD COMPANY.
1214 SOUTH ANDREWS AVENUE / SUITE 302 / FORT LAUDERDALE / FL 33316 / P: 954.505.2080 / WWW.WEITZ.COM
September 29, 2015
Elka Linton-Dorsett
Capital Projects Manager
• City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: Sunny Isles Beach Pedestrian Bridge Project Management Services
Dear Elka:
As requested, please find below our proposal for providing additional Project Management Services for the
upcoming Pedestrian Bridge Project at the Gateway Park site. We have reviewed the Bridge documents
and discussed the scope of work with your vendor Ric Man to prepare this proposal.
Our understanding of the scope of work is that a pedestrian bridge will be pre-fabricated and installed on
the north side of the Gateway Park site, including sidewalk work, power/utility work, DOT work, and bridge
tower and span construction. The Contractors timeframe to achieve substantial for the project is 270 days
from start of construction with an additional 30 days to achieve Final Completion, in order to complete the
proposal we have assumed a Notice To Proceed for the work as November 1, 2015.
Our services for this work will match the level of service and scope being provided at the Gateway Park
• project, using the same pre-approved rates (attached). This proposal has been prepared with the
understanding that our services will be extended for the Gateway Park through December of 2015. The
amounts below will be billed at the hourly rates established and any unused hours/budget will be returned
to the City should the project finish ahead of schedule.
Pedestrian Bridge Project Management Services Breakdown:
Project Superintendent:
Reporting 44 hrs for first month and full time for 9 mo. = 1602 hours X$134.46/hr =$215,404
Project Executive:
Reporting 4 hours per week for 9 months "= 155 hours X$232.69/hr = $ 36,066
- Project Coordinator:
Reporting 2 hours per week for 9 months =77 hours X$50.02/hr =$ 3,851
TOTAL BUDGET REQUESTED =$255,321
($28,369/Month)
Please feel free to contact me if you need any additional information
Sincerely,
THE WEITZ COMPANY --
• Attachment "B" 0 i ._
Peter Jakubiec, Project Executive'
HONESTY AND INTEGRITY•RESPECT FOR PEOPLE•PERFORMANCE WITH ABSOLUTE RELIABILITY•LONO•TERM PERSPECTIVE•NURTURING PERSONAL GROWTH
' otyJNN'rr(`'p
` ^ CITY OF SUNNY ISLES BEACH AGREEMENT
�;�` WITH THE WEITZ COMPANY
s� ' nog,
°, ,' CONTRACT NO. C1314-035
THIS CONTRACTUAL �'�AGREEI,'IENTI)(hereinafter referred to as the "Agreement")
�
is made in duplicate, this . :'r �Y�
day of V1\\ 1 , 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 2 151 Z-P z5 .
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.
C1314-035 THE WEITZ COP v) R ?Y"
ATTACHMENT "C"
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 � �`'Y
If
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 WEITZ COMPANY 4 du' p
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.
O 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. TERNIINATION 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
C1314-035 THE WEITZ COMPANY 5
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it
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
WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is
a�aa"i
C1314-035 THE WEITL COMPANY ( +� L.)
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.
CI314.035 THE WEITZ COMPANY 7 :C^ 6 3
) J •1
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
CI314-035 THE WEITZCOMPANY 8 . S .:),
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.
0314-035 THE WEITZ COMPANY 9 e1•
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 ". :V-)
`A• `)•
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.
WTN ;:: THE WEITZ COMPANY
Alb
Sign. ire ' `-- BY:
J J n Tori, Senior Vice President
0/:5-W/e/7i✓; tl
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
BY:` �►..' A Ali GGG/I
BY: `' • l
_
Jane A.Hines,MM City Clerk N,,rman S.Edelcup, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
I-
Hans Ottinot City Attorney�4l'41,p.,.i
C1314-035 THE WEITZ COMPANY 1 1 �5 '
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Item Coversheet Page 1 of 2
r:'s- --...,s<, City of Sunny Isles Beach
c;L F. \r 18070 Collins Avenue
Sunny Isles Beach,Florida 33160
�.'
ti, i P° ; (305)947-0606 City Hall
`'''o.,•. "o (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo,City Manager
FROM: Elka Linton-Dorsett,Capital Projects Manager
DATE: 10/15/2015
Resolution Approving the 2nd Contract Amendment with
RE: The Weitz Company for Construction Management
Services for the Gateway Park and Gateway Park
Pedestrian Bridge
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
Resolution No. 2014-2219 approved the initial agreement with the
Weitz Company for construction management services at the Gateway
Park in the amount not to exceed $475,000. This agreement was
based on a monthly not to exceed amount of $39,583.33 for a
maximum duration of 12-months to coincide with the Gateway Park
construction scheduled completion in April 2015.
In April 2015, based on a revised construction schedule for the
. Gateway Park provided by 4M Construction, City Commission
approved Resolution 2015-2399 - the first amendment to the Weitz
agreement - extending the Agreement to October 31, 2015 for the
amount of$237,500.00
Based on the status of the on-going construction activities at the
Gateway, it is likely that the project completion will extend beyond
October 31, 2015. In order to maintain continuous construction
management services through the project completion, and insure that
the final product meets or exceeds contract requirements, a two (2)
month extension to the Weitz contract for services at Gateway Park is
required. The not to exceed monthly fee proposed in this agreement is
consistent with that previously approved, resulting in an additional not
to exceed fee of $79,166.66. All originally established contract terms
shall apply.
•
The Gateway Park Pedestrian Bridge will be constructed on the north
side of the Gateway Park site to provide safe pedestrian access
across Sunny Isles Blvd (SR 826) to and from the Gateway Park. The
Design-Build project was awarded to Ric-Man International, Inc. in
July 2014 via Resolution No. 2014-2277. The 2nd Amendment to the
Weitz Agreement proposes an increase in the Weitz scope of services
to provide construction management and oversight services for the
Pedestrian Bridge for the projected 290-day duration of the Bridge
construction in an amount not to exceed$255,321.00.
The total cost is in an amount not to exceed$334,487.66
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1755 10/8/2015
■
Item Coversheet Page 2 of 2
ADDITIONAL INFORMATION:
Project progress at the Gateway Park will be re-evaluated prior to
December 2015 and additional contract extensions for Weitz
Construction Management services may be requested if deemed
necessary.
FUNDING SOURCE:
Funding has been appropriated in accounts 300-6-5720-4650XX-
15001 (Gateway Park)and 300-6-5720-4650XX-15002(Gateway Park
Pedestrian Bridge)
ATTACHMENTS:
Description
Resolution
Second Amendment to Agreement
Item Number: 10.J.
•
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1755 10/8/2015