HomeMy WebLinkAboutReso 2000-196
RESOLUTION NO. 2000-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING CONTRACT
FOR GEOTECHNICAL SERVICES FOR CITY HALL BY AND
BETWEEN THE CITY OF SUNNY ISLES BEACH AND LAW
ENGINEERING AND ENVIRONMENTAL SERVICES, INC.,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
EFFECTUATE SAID CONTRACT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach issued a bid proposals for geotechnical
services at the City hall Site.
WHEREAS, LAW Engineering and Services, Inc, was ranked #1 as the lowest bid from
a qualified contract, attached hereto as Exhibit "A".
WHEREAS, the City Commission wishes to approve the contract for geotechnical
services with LAW Engineering and Services, Inc., and authorize the City Manager to execute
and effectuate said contract.
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
LAW Engineering and Services, Inc, for geotechnical services attached Exhibit "A" be
and same, is hereby approved.
2. Authorizing the City Manager. The City Manager is hereby authorized to execute said
contract attached as Exhibit "A" hereto and do all things necessary to effectuate the
agreement.
3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this \O~ay of
, 2000.
ATTEST:
\6-~~~~tA.
Richard Brown-Morilla, City Clerk
R2000-196 geotechnical City Hall Law Engineering
2/14/00 --11:18 AM
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Vote: S""-O
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
Moved by:
Seconded by:
t./ (Yes)
V(Yes)
V (Yes)
---1LJY es)
~(Yes)
R2000-196 geotechnical City Hall Law Engineering
2/14/00 --11:18 AM
~~.:.~ \~
_(No)
_(NO)
_(NO)
_(NO)
_(NO)
LAW
LAWGIBB Group Member~
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(Rev. 4/99)
PROPOSAL ACCEPTANCE SHEET
Project Name NEW CITY HALL POLICE STATION, POST OFFICE AND PARKING GARAGE
Project Location SR-826 AT US AlA; SUNNY ISLES BEACH, FLORIDA
Proposal No. and Date 7491-SF 9/29/99 LAW Branch Location MIAMI
CLIENT
Name CITY OF SUNNY ISLES BEACH, FLORIDA
Address 17070 COLLINS AVENUE. STE. 250
SUNNY ISLES BEACH.. FLORIDA Zip Code 33160
Address Billing to SAME AS ABOVE
Attention MR. JOSE VERA
Phone Number
FAX
305-947-0606
305-949-3113
TERMS AND CONDITIONS
I. SERVICES TO BE PROVIDED. Law Engineering and Environmental Services, Inc. ("LAW") is an independent consultant and agrees to provide Client, for its sole benefit
and exclusive use, the consulting services ("Services") set forth in the proposal referenced above ("Proposal"), which is incorporated by reference. There are no third party beneficiaries to
this Agreement.
2. PAYMENT TERMS. Client agrees to pay LAW's invoice upon receipt. If payment is not received within 30 days from the date of LA W's invoice, Client agrees to pay the
greater of I % per month or the allowable legal rate on the past due amount, plus reasonable attorney's fees and expenses. LAW may suspend services if payment of any invoiced amount
not reasonably in dispute is not received by LAW within 60 days of Client's receipt of LAW's invoice. Client receipt of invoice will be presumed three days after mailing with adequate
first c lass postage attached.
3. STANDARD OF CARE. LAW will perform its services using that degree of skill and care ordinarily exercised under similar conditions by reputable members of LA W's
profession practicing in the same or similar locality at the time the services are performed. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED.
4. INSlIRAl"lCE. LAW maintains the following insurance coverage:
a. Worker's Compensation Insurance - statutory amount.
b. Commercial General Liability Insurance - $2,000,000 per occurrencel$3,000,000 aggregate.
c. Automobile Liability Insurance- $2,000,000 combined single limit.
d. Professional Errors & Omissions - $ 1,000,000 per clainv'$2,ooo,000 aggregate.
5. SAMPLE AN'D WASTE DISPOSAL. Samples generally are consumed or altered during testing and are disposed of immediately upon completion of tests. If Client wishes
LAW to retain any samples, at Client's written request, LAW will use its best efforts to retain preservable samples or the residue therefrom but only for a mutually acceptable time and for
an additional charge. LAW reserves the right to refuse storage of any samples. Client agrees that LAW is not responsible or liable for loss of samples retained in storage. If Client requests
LAW to containerize drilling wastes and/or tluids produced by LAW's activity ("Wastes"), Client will provide a secure storage location at or near the project site to prevent tampering with
the Wastes. Non-hazardous Wastes will be disposed of by LAW for an additional charge at an appropriately licensed facility.
In the event that Samples or Wastes contain asbestos, toxic or hazardous constituents ("Contaminants"), LAW will either: 1) retum the Samples or Wastes to Client for proper disposal; or
2) using a manifest signed by Client as generator and for an additional fee, have the Samples or Wastes transported to a location selected by Client for final disposal. Client agrees to pay
all costs associated with the storage, transport, and disposal of Samples and Wastes. Client recognizes and agrees that LAW is acting as a bailee and at no time assumes title, constructive
or express, to such Samples or Wastes.
6. ENVIRONMENTAL INDEMNITY. To the maximum extent permitted by applicable law, Client shall defend, indemnify and hold LAW harmless from any suit or claim for
damages, losses, penalties, fines, settlements, judgments, costs and attomeys fees, including personal injury ("Losses") related to or arising from exposure to or release of Contaminants at
or from the site before, during or after the Services, unless such losses are determined to have been caused by LAW's negligence.
7. DOCUMENTS. All documents generated by LAW under this Agreement ("Work Product"), shall be LAW's sole property. LAW will furnish Client the agreed upon
number of written reports and supporting documents for Client's exclusive internal use and reliance and for regulatory submittal in connection with the project or Services. Client
agrees that under no circumstances shall any Work Product be distributed to any third parties, be published, used in advertising, or be reused at any location or for any project not
expressly provided for in this Agreement without LAW's prior written permission. Any unauthorized use or distribution of LAW's Work Product shall be at Client's and recipient's
sole risk and without liability to LAW. Client agrees to indemnify and hold LAW harmless from any unauthorized use or distribution of LAW's Work Product, including attorney's
fees and costs.
If Client wishes to distribute LAW's Work Product to any third party not described above, or for any third party to rely on LAW's Work Product, Client and the third party must
first contact LAW and execute LAW's Standard Secondary Client Agreement. Reports provided for disclosure of information only will not require a separate agreement. LAW makes
no representation as to the suitability of LA W's report for the third party's purposes. Client acknowledges that LAW's report(s) retlects conditions only at the time of the study and may
not retlect conditions at a later time. Client acknowledges that any request for LAW to release its Work Product to a third party creates a potential contlict of interest and agrees that
its request for LAW to release any Work Product to a third party shall serve as a waiver of any contlict of interest.
Client agrees that all Work Product furnished to Client or Client's agents or designees, if not paid for or if improperly used, published or distributed will be returned upon demand and will
not be used for any purpose whatsoever. LAW may retain a file copy of its Work Product and related documents, including Client-provided documents.
Upon Client's request, LAW's Work Product may be provided on electronic media; however, the written copy retained by LAW in its files shall be the official base document. LAW makes
no warranty or representation that the electronic copy is accurate or complete. Any modifications of the electronic copy by Client shall be at Client's sole risk and without liability to LAW.
The electronic copy is subject to all conditions of this Agreement.
8. L1l\1IT A nON OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND FOR ADDITIONAL CONSIDERATION FROM LAW OF
$ 10.00, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, CLIENT AGREES 1HA T LAW'S LIABILITY, AND 1HA T OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND SUBCONTRACTORS. TO CLIENT, ANY SECONDARY CLIENTS OR ANY THIRD PARTY DUE TO LAW'S BREACH OF CONTRACT OR
NEGLIGENT PROFESSIONAL ACTS. ERRORS OR OMISSIONS WILL BE LIMITED TO AN AGGREGATE OF $50,000 OR THE TOTAL FEES PAID BY CLIENT TO LAW
UNDER THE PROPOSAL, WHICHEVER IS GREATER.
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PAS. RevUe<! by MCS 4/t9/99
NEITHER PARTY SHALL BE RESPONSIBLE TO TI'
. INCOME, PROFITS, FINA...'1CING OR REPUT A TIO!\
THER FOR ANY CONSEQUENTIAL, ECONOMIC OR INC. .>lTA!. DAMAGES (INCLUDING LOSS OF USE,
ISING OUT OF OR RELATING TO THIS AGREEMENT.
9. SITE RESPONSIBILITY. LAWs services do not include supervision or direction of the means. methods or actual work of contractor(s) not retained by LAW. The
presence of LA Ws representative will not relieve the contractor(s) of its responsibility to perform the work in accordance with the plans and specifications. Client agrees that the
contractor(s) will be solely responsible for working conditions on the job site, including security and safety during perfonnance of the work, and compliance with Client safety
requirements and OSHA regulations. It is agreed that LAW will not be responsible for job or site safety or security on the project. other than for LAWs employees, and that LAW does not
have the duty or right to stop the work of others.
10. SITE OPERATIONS. Client will arrange for right-of-entry to the property and will execute any necessary site access agreement. Client shall provide LAW with an
accurate description of the job site, all available site infonnation, and all documents deemed necessary by LAW. Unless otherwise stated in the proposal, Client will be responsible
for establishing test or boring locations. Field tests or boring locations described in LAWs report or shown on sketches are based on specific information furnished by others or estimates
made in the field by LA W's personnel. Such dimensions. depths or elevations are approximations. Unless otherwise stated in the Proposal, LAWs charges do not include costs of
restoration of damage \"hich may result from the Services. LAW is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by
Client or third parties, except to the extent such damage or loss is a result of LAWs negligence. Client agrees, for the additional consideration of S 1.00, to indemnify LAW, its directors,
officers, employees, agents and subcontractors, from any such claims, suits or losses, including related reasonable attorney's fees and costs, to the extent the losses are not caused by
LAW's negligence.
II. CLIENT DISCLOSURE. Client agrees to advise LAW upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be
known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or LAW's equipment. Client agrees to provide LAW such infonnation
as it becomes available to Client. LAW does not assume control of or responsibility for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any federal.
state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees to notify the appropriate federal, state
or local public agencies as required by law, or otherwise to disclose in a timely manner, any information that may be necessary to prevent damage to human health, safety, or the
environment. Client acknowledges that LAW may be required to make such disclosures if Client fails to do so, and agrees to hold LAW harmless for any such disclosure.
12. TERl'UNATION. Either party may terminate this Agreement without cause upon 14 days' prior written notice. In such event, Client shall take possession of the premises
and the materials and equipment paid for and belonging to Client. and LAW shall be paid for all Services perfonned to the date of termination. In the event Client requests tennination,
LAW shall also be paid all reasonable costs incurred in project close out. This Agreement will terminate automatically upon the insolvency of Client.
13. TESTIMONY. Should LAW or any LAW employee be requested or compelled by law to provide testimony or other evidence by any party in relation to the Services,
and LAW is not a party to the dispute, LAW shall be compensated by Client for LAWs preparations, document retrieval, document reproduction and testimony at appropriate unit
rates. LAW shall provide expert witness testimony pertaining to any Services at premium rates of 1.5 times LAW's standard rates. Client agrees to provide reasonable travel,
lodging and meal expenses as required.
14. YEAR 2000 COMPLIANCE. Unless expressly provided for in LAW's Proposal, the Services do not include assessment of year 2000 ("Y2K") compliance and the absence
of any observations or recommendations with regard to Y2K compliance in LAW's reports should not be constructed to indicate that any building system component is Y2K compliant. If
the Services include Y2K compliance issues, the parties understand and agree that LAWs Services do not include any warranty, certification or guarantee that the systems evaluated by
LAW are Y2K compliant and/or will function properly with regard to the processing of Y2K and beyond dates. Client agrees to hold LAW harmless from any and all claims arising from
such failures, including the claims of third parties and attorney's fees and costs.
15. FORCE MAJEURE. LAW shall not be liable for damages due to delay or failure to perfonn any obligation under this Agreement if such delay or failure results from
circumstances beyond the control of LA W. In the event of such a force majeure, the time for LAW's perfonnance shall be extended for the duration of the force majeure event. In no event
shall any Client internal computer failure related to the processing of Year 2000 and beyond dates qualify as an event of force majeure. This provision shall not excuse Client's obligation
to make payments when due.
16. UNANTICIPATED CONDITIONS. Should LAW encounter conditions at any site which were not reasonably anticipated or which increase the risk involved in LAW's
completion of Services. upon notice to Client, LAW in its sole discretion may: a) continue with the Services to completion; b) suspend activities and prepare a Change Order Request
prior to proceeding; or c) terminate all Services. Such termination shall not be a breach of this Agreement by LAW.
17. OPINIONS OF COST. If included in the Proposal, LAW will provide opinions of costs for installation of materials, remediation or construction based upon LAW's
experience on similar projects. However, such opinions are intended to provide information on the magnitude of such costs and are not intended for use in finn budgeting or
negotiation unless specifically agreed otherwise in advance in writing by LAW. Client understands the actual cost of work depends on many factors beyond LAW's control and
may vary significantly from LAW's estimate.
18. PRIORITY OVER FORM AGREEMENTSIPURCHASE ORDERS. The Parties agree that the provisions of this Agreement shall control and govern over any orders,
such as Purchase Orders or Work Orders or other form writings issued or signed by the parties ("Orders"), and that such fonns may be issued by Client to LAW without altering the tenns
hereof, regardless of any contrary language appearing on the Order.
19. GOVERNING LAW. This Agreement shall be governed by the laws of the state of Georgia. The parties each had an opportunity to review and negotiate this Agreement and
this Agreement shall not be construed more strictly against one party as drafter.
20. SURVIVAL. All provisions of this Agreement for indemnity, limitation of liability, document control or allocation of responsibility or liability between Client and LAW shall
survive the completion of the Services and/or the termination of this Agreement.
21. SEVERABILITY. In the event any part of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. and the invalid
or unenforceable provision shall be interpreted and enforced as closely as possible to the intent of the parties.
22. ASSIGNMENT. This Agreement may not be assigned by either party without the prior written pennission of the other. Client acknowledges that LAW may subcontract
portions of the Services to its affiliated companies and/or utilize employees of its affiliated companies in perfonning the Services, without prior Client approval.
23. INTEGRATION. This Agreement. the Proposal and the Proposal's attachments constitute the entire Agreement between the parties and can only be changed by a written
instrument signed by the parties.
24. CONSIDERATION. The parties agree the charges for LAW's Services are sufficiently adjusted to include any specific consideration payable to Client under these terms and
conditions.
25. ATIORNEY A\JTHORITY.
to these tenns and conditi~ '
, . .
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If LA W is being retained by Client's counsel, such counsel represents that he/she has the authority to bind, and hereby expressly binds, Client
'2000
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ACC
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PAS. Revised by MCS 4/19/99