HomeMy WebLinkAboutReso 2000-195
RESOLUTION NO. 2000-~5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A
DEMOLITION CONTRACT BY AND BETWEEN THE CITY OF
SUNNY ISLES BEACH AND WILDCAT DEMOLITION
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE AND EFFECTUATE SAID
CONTRACT TO COMMENCE DEMOLITION OF A BUILDING
AT THE CITY HALL SITE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach issued a bid proposals for the demolition of a
building at the City Hall site.
WHEREAS, Wildcat Demolition, was ranked #1 as the lowest bid from a qualified
contractor; and
WHEREAS, the City Commission wishes to approve the demolition contract with
Wildcat and authorize the City Manager to execute and effectuate said contract, attached hereto
as Exhibit "A" to commence demolition of building;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. Approval of Contract. The contract by and between the City of Sunny Isles Beach and
Wildcat Demolition, attached hereto as Exhibit "A" be and same, is hereby approved.
2. Authorizing the City Manager. The City Manager is hereby authorized to execute said
contract and do all things necessary to effectuate the agreement to commence demolition
of the building at the City Hall site.
3. Effective Date. This Resolution shall become effective upon adoption.
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PASSED AND ADOPTED this \0 day of
,2000.
ATTEST:
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Richard Brown-Morilla, City Clerk
City Hall Demolition Res.
N
2/2/00 -- 12:59 PM
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Vote: 5"-0
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
City Hall Demolition Res.
JV
2/2/00 -- 12:59 PM
Moved by:
Seconded by:
v (Yes)
---.1L (Yes)
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I(Yes)
~~t::r~
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_(No)
_(No)
_(No)
_(No)
_(No)
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DEl\tlOLITION/SAL V AGE CONTRACT
THIS AGREEMENT dated this ~ day of F.p b rVa.f'Y , 2000,
is made by and between WILDCAT, with a business address of P.O. Box 2506, Ft.
Lauderdale, Florida 33303, (the "Contractor") and the CITY OF SUNNY ISLES
BEACH, of 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, (the
"City").
RECIT ALS
WHEREAS, the City of Sunny Isles Beach wishes to demolish the structure
upon the site on which it intends the City Hall; and
WHEREAS, Wildcat agrees to perform such demolition functions based on
the terms and conditions set forth hereinbelow;
NOW THEREFORE, in consideration of the mutual covenants set forth
herein, the parties agree as follows:
1. THE WORK.
A. Wildcat agrees to perform the following described demolition work at
393-401 Sunny Isles Boulevard, (hereinafter described as "the Work"):
(i) Totally demolish and remove building and tower, including slab
on grade and foundations; remove associated sidewalks and
curtain walls;
(ii) Rough grade site to distribute piles of dirt.
(iii) Remove asphalt paving on site.
(iv) Remove piles of shrubs, concrete and asphalt.
(v) Wildcat shall be responsible for all utility disconnections and/or
identifications prior to the start of demolition, including sewer
cap and/or septic tank purging.
B. Any alteration or deviation from the specified work involving extra cost of
equipment, labor or materials will become an extra charge over the contract sum as set
forth in Paragraph 3 below.
C. Should unknown physical conditions be found to exist which are either a)
different from conditions ordinarily encountered, or b) different from conditions
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reflected in the contract documents, then an equitable adjustment shall be made upon
claim being made by either party within 20 days of written notice to the City of the
changed condition.
2. EXCLUSIONS. The Work shall not include:
Environmental monitoring, dewatering; site restoration, grubbing, saw
cutting; backfill, compaction; patching and/or repair of adjacent surfaces.
3. CONSIDERATION. In consideration of the Work, the City shall pay the
contract sum of TWENTY-ONE THOUSAND EIGHT HUNDRED AND FORTY
($21,840.00) to be payable as follows:
a. 1/3 upon the execution of this agreement.
b. the balance due upon completion of all work.
c. All delinquent payments shall bear interest at 18% per annum from
when due
4. COMMENCEMENT. This Work shall commence within ten (10) days after
obtaining demolition permits and shall conclude approximately five (5) working days
in a single mobilization. In the event the work takes longer than thirty (30) days, if the
cause of the delay is due to Wildcat the contract shall be reduced by a sum of $200 per
day. In the event that the delay is caused by the City, there shall be no reduction in
purchase price. In the event that the delay is due to circumstances beyond the control
of either, the City, at its option, shall have the right to either extend, in writing, the
time for the work to be performed, or, cancel this contract. In the latter event, Wildcat
shall then be compensated for the reasonable value of work completed.
5. SALVAGE. It is understood and agreed between the parties that all scrap
and/or salvage rights of materials attached to or contained within the buildings on the
construction site at the time of the initial site inspection shall, upon execution of this
contract, become the property of Wildcat, provided, however, should this contract be
terminated, Wildcat shall not have the right to such scrap and salvage.
6. PERMITS. The City shall be responsible for all required demolition permits
including any impact fees, if applicable.
7. SINGLE MOBILIZATION. All prices set forth in this contract are based on
the understanding that all demolition shall be done as one continuous operation unless
otherwise noted. Mobilizations in addition to those noted will result in additional
costs, except for circumstances beyond the control of either party or circumstances
caused by Wildcat.
8. UNDERGROUND TANKS. Unless specifically included in the Work to be
performed under his proposal, Wildcat shall not remove any service station equipment
or underground tanks. If underground tanks are located within the work area they
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shall either be removed by the City prior to start of demolition or made fuel and fume
free by the City prior to the start of demolition.
9. SITE WORK. The work under this Agreement includes only demolition of
structural portions of buildings and other specific items listed. No fill material or
earth other than that necessary to complete the work is included in the contract price.
No fill material shall be hauled in to fill any depressions left or raise the grade level
under this Agreement. Unless specifically stated in the work to be performed, no
material, structural items or foundations which are more than 24" below the level of
the existing grade shall be removed. No piling shall be removed. Site to be left in a
neat, clean, rough graded condition, free of substantial debris.
a. If during the performance of the work called for herein, it becomes
the opinion of Wildcat that any operation or removal of any portion
of any building would structurally weaken or cause damage to
adjacent property, they may ease work in the are involved until an
agreement is reached with the City regarding the liability should
damage occur. If no such agreement can be reached, Wildcat shall
not be required to continue with the demolition they deem a hazard
to adjacent property. Wildcat shall then be compensated for the
reasonable value of the work completed and the contract shall be
ended.
b. All underground electric, telephone, water, gas and other lines
which must be saved will be properly marked and/or rerouted by
the City and Wildcat shall be responsible for any damage caused by
it. Wildcat shall either restore the affected line to its original
condition within five (5) working days or the City shall undertake
to do so and offset the amount from the contract sum.
1 O. ARBITRATION. It is the intention of the parties that whenever possible, all
disputes arising under this Agreement shall be settled through arbitration. Except in
cases where emergency equitable relief such as an injunction is sought (which shall
then proceed in court), if a dispute or controversy arises hereunder, then such dispute
or controversy shall be settled by arbitration in accordance with the procedures, rules
and regulations of the American Arbitration Association. The decision rendered by
the arbitrator shall be final and binding upon the parties and judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and
attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if
neither party prevails on the whole, each party shall be responsible for a portion of the
costs of arbitration and their respective attorneys' fees as may be determined by the
court on confirmation.
11. WANER OF RIGHT TO JURY TRIAL. Each of the parties hereto, hereby
knowingly, voluntarily, and intentionally, waive the right which any may have to trial
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by jury in respect to any action, proceeding, litigation or counterclaim based hereon,
or arising out of, under, on or in connection with this agreement, or any course of
conduct, course of dealing, statements (whether verbal or written) or actions of either
party.
12. ATTORNEYS' FEES. Notwithstanding Paragraph 10 hereinabove, in the
event of litigation between the parties relating to this Agreement, the prevailing party
shall be entitled to recover all costs and expenses, including attorneys' fees in all
courts, from the non-prevailing party.
13. MODIFICATION. No Modification of this proposal shall be recognized
unless in writing, signed by both parties. This proposal cannot be changed orally,
regardless of custom or usage in the trade and under no circumstances can this clause
be waivered or modified. This Agreement shall take precedence over all other
contract documents.
14. ENVIRONMENTALLY HAZARDOUS MATERIALS. Unless expressly
stated in contract, this proposal does not include an allowance for any potential
removal, handling or identification of environmentally hazardous materials (including,
but not limited to, asbestos, refrigerant, contaminated soil, mercury and PCBs)
whether the City has knowledge of it or not.
15. INSURANCE. Consultant shall maintain workmen's compensation insurance
as required by Florida low and shall furnish a copy of insurance certificate to the City.
Additionally, the Consultant shall also maintain a general liability insurance in the
amount of ONE MILLION ($1.000.000.00) DOLLARS. A certified copy of the
Consultant's (or any sub-consultant's) insurance must be filed and approved with the
City Manager prior to commencement. The insurance must be furnished by insurance
companies authorized to do business in the State of Florida and approved by the City
Manager.
16. INDEMNIFICATION. Wildcat agrees to indemnify and hold harmless, the
City, its officers, agents, employees from, and against any and all claims, actions,
liabilities, losses and expenses including, but not limited to, attorney's fees for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or may be alleged to have risen from the negligent
acts, errors, omissions or other wrongful conduct of the Wildcat, agents or other
personal entity acting under Wildcat's control in connection with the Wildcat's
performance of services pursuant to that agreement and to that extent the Wildcat shall
pay such claims and losses and shall pay all such costs and judgments which may
issue from any lawsuit arising from such claims and losses and shall pay all costs and
attorneys' fees expended by the City in defense of such claims and losses including
appeals. The parties agree that ten percent (10%) of the total compensation is a
specific consideration from the City to the Wildcat for this indemnity.
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17. This Agreement shall be governed under the laws of the State of Florida.
7';>~ r:)
AGREED AND ACCEPTED this ~ day of rur4
CITY OF SUNNY ISLES BEACH,
WILDCAT
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By:
By:
0~
f President
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, 2000.
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