HomeMy WebLinkAboutReso 2001-324
RESOLUTION NO. 2001-32-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING
BID NO. 01-03-02 TO PROFESSIONAL WELDING INC. FOR
THE INSTALLATION OF FENCING IN THE COLLINS
AVENUE MEDIANS; APPROVING A CONTRACT BY AND
BETWEEN PROFESSIONAL WELDING INC AND THE CITY
IN AN AMOUNT NOT TO EXCEED NINETY EIGHT
THOUSAND DOLLARS ($98,000.00), ATTACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT AND DO ALL OTHER
THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THE CONTRACT; PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the City wished to landscape the medians along Collins and submitted a plan to
the Florida Department of Transportation (FDOT) for same, as Collins Avenue is a State owned
road; and
WHEREAS, FDOT agreed to the City's landscaping plan on the condition that the City
install three foot (3 ') fencing down the center of the wide medians, between the Royal Palms; and
WHEREAS, the City issued Bid No. 01-03-02 Collins Avenue Median Fencing, sentthe bid
to four potential bidders, and one bid was submitted; and
WHEREAS, Professional Welding, Inc. was the lowest responsive, responsible bidder with
a sealed bid of Ninety Eight Thousand Dollars ($98,000.00);
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of Bid. The City Commission hereby awards Bid No. 01-03-02 to Professional
Welding Inc.
Section 2. Approval of Contract. The contract by and between the City of Sunny Isles Beach and
Professional Welding Inc., for the purchase and installation of metal picket fencing in the Collins
Avenue Medians, in an amount not to exceed Ninety Eight Thousand Dollars ($98,000.00), attached
hereto as Exhibit "A", be, and the same, is hereby approved.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to execute
said contract and do all things necessary to effectuate the terms of this agreement.
Section 4.
Effective Date. The Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 ih day of April 2001.
Page 1 of2
Collins Avenue Fence Installation - Professional Welding Res
ATTEST:
, .
~~~1l~
Richard Brown~Moril1a, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: 5-0
Mayor Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
--.0Y es)
v(Yes)
V(Yes)
V(Yes)
~(Yes)
Collins Avenue Fence Installation - Professional Welding Res
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Moved by:
~l c..<l:.I({\f\~O'R KPtUIFFntl\:N
C'~rY\rt\\,~, ~j\)f'~ -=r;.rL~1 A-5:
Seconded by:
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 of2
CITY OF SUNNY ISLES BEACH
COLLINS AVENUE MEDIANS FENCE
INSTALLATION AGREEMENT
OF SU'"
THIS AGREEMENT ("Agreement"), made this .tJ day of A. PI( / L/ ,2001, by
and between the CITY OF SUNNY ISLES BEACH, a municipal corporation, hereinafter called
the "City" and PROFESSIONAL WELDING, INC., hereinafter called Contractor.
WHEREAS, the City maintains the medians along Collins Avenue; and
WHEREAS, the City desires to contract with Contractor to provide the services described
in Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees
with the City as follows:
1. Services. Contractor agrees to furnish all labor and materials in a good and
workmanlike and professional manner, to perform the work designated in Exhibit "A" attached
hereto, which is incorporated herein by reference. The services described in Exhibit "A" shall be
performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified
representative inspect the Property on a regular basis to ensure all services are being performed
in accordance with Exhibit "A" and shall report to the City accordingly. Contractor agrees to
immediately inform the City via telephone and in writing of any problems that could cause
damage to Property, improvements and persons at the Property. Contractor will require its
employees to perform their work in a manner befitting the type and scope of work to be
performed. In the event that the Contractor fails to complete performance pursuant to the terms
of this contract and City must undertake the completion of performance of services, Contractor
agrees to indemnify the City for all costs incurred with respect to the completion of those
services and any damages the City may suffer as a result of the failure of performance by
Contractor.
2. Additional Services. If the need for additional work or changes under this Agreement
is identified by Contractor during the course of performing its obligations hereunder, Contractor
shall set forth such additional work and the cost thereof in a supplemental work order (a
"Supplemental Work Order") and submit such Supplemental Work Order for approval by the
City. No such. additional work shall be done or paid for without the specific prior written
approval of the City.
3. Payment for Vendor's Services. Payment to Contractor for all charges under this
Agreement shall be in accordance with this Agreement and a schedule of charges reflected in
Exhibit "A". Contractor shall submit invoices on a monthly basis within ten (10) days following
the end of each calendar month. The City Contractor shall make no other charges to the City for
supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such
expense or cost is incurred by Contractor 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
Contractor.
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Collins Ave Medians Fence Installation Agreement - Professional Welding, Inc
4. Undisclosed Conditions. In the event that undisclosed conditions are discovered
during the performance of this Agreement, the City shall have the right to cancel this Agreement
upon thirty (30) days written notice to contractor. Upon termination, the City may re-bid the
project if the contractor fails to perform under this Agreement due to the undisclosed conditions.
5. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, contractors or employees, as more particularly set
forth below:
General liability insurance, including broad form contractual liability coverage for
bodily injury and property damage liability with limits of One Million Dollars
($1,000,000) combined single limit occurrence.
Such insurance shall not diminish Contractors indemnification obligations hereunder.
The insurance policy shall be issued by such company, in such forms and with such limits of
liability and deductibles as are acceptable to the City and shall be endorsed to be primary over
any insurance, which the City may maintain. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and appropriately endorsed for contractual
liability with the City named as an 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's Risk Management Department. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without
thirty (30) calendar days prior written notice to the City's Risk Management Department. The
City reserves the right from time to time to change the insurance coverage and limits of liability
required to be maintained by Contractor hereunder.
6. Relation to Parties. It is understood and agreed that nothing contained in this
Agreement shall be deemed to create a partnership, joint venture, other association, or an
employer/employee relationship between the Contractor and the City. Contractor shall be in the
relation of an independent contractor and is to have entire charge, control and supervision of the
work to be performed hereunder.
7. Compliance with Law. Contractor 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.
8. Waiver of LiabilitylIndemnity. The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from
the negligence or omission of Contractor or anyone of its employees, contractors or agents.
Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any
Page 2 of4
Collins Ave Medians Fence Installation Agreement - Professional Welding, lnc
claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or
caused in whole or in part by City or its employees, arising out of (i) the performance or breach
by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury,
including death, to any person and destruction of property resulting from the performance or
breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims
arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall
not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right
and agrees not to file any mechanic's or materialman's lien against the interest of the owner of
the property.
9. Assie:nment. This Agreement shall be binding upon and shall inure to the benefit of
the City and to any and all of its successors and assigns, whether by merger, consolidation,
transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its
rights or delegate its obligations to City hereunder without first obtaining the City's consent in
writing. Any such attempted assignment or delegation shall be deemed of no legal force and
effect whatsoever.
10. Term. The term of the Contract shall commence upon execution, and shall terminate
upon completion of work described in Exhibit "A". The City shall have the right to cancel this
Agreement, at any time during the term hereof, upon thirty (30) days notice to the Contractor.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work on the Commencement Date and continue in a diligent manner
until work is complete. Contractor acknowledges that compliance with the commencement and
completion schedule is on the essence of this Agreement.
11. 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 to Christopher J. Russo - City Manager, City of Sunny Isles Beach, 17070 Collins
Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for
notices is , Professional Welding Inc., 675 N.W. 5th Street, Miami,
Florida 33128, (305) 443-1400 Phone and (305) 371-3521 Fax.
12. Governine: Law. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, in the State of Florida.
13. Miscellaneous. 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
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Collins Ave Medians Fence Installation Agreement - Professional Welding, Inc
Agreement shall nevertheless be binding upon the parties with the same effect as though the void
or unenforceable provisions had been severed and deleted. This Agreement may be executed in
multiple identical counterparts, each of which shall be deemed an original for all purposes. This
Agreement shall constitute the entire agreement between the parties with respect to the subject
matter hereof, and it shall supersede all previous and contemporaneous oral and written
negotiations, commitments, agreements and understanding relating hereto. Any modification of
this Agreement shall be effective only if in writing and signed by the parties to this Agreement.
No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is
in writing and signed by the parting granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement III
duplicate on the day and year first written above.
WITNESSES:
~~
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PROFESSIONAL WELDING INC.:
BY: . JlORClALNOTARYSEAL ~~
/'[ .b,,' lM/1r ~ ~MISS~ No~777i::~ff.4
MY COMMISSION EXP SEPT 22, f.OO2" "
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CITY OF SUNNY JSLESBEACH
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BI~_~C:l}rls~J~so;tity Manager
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APPROVED
LEGAL S F
BY: I
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Page 4 of 4
Collins Ave Medians Fence Installation Agreement - Professional Welding, lnc
EXHIBIT" A"
STATEMENT OF WORK/SPECIFICATIONS.
General:
Scope of Services:
The City of Sunny Isles Beach is seeking the professional services of a fencing contractor
to construct and install a fence in the medians of Collins A venue as follows:
I. Three foot (3') high metal picket fence.
2. Fence to be constructed using either powdered steel or anodized aluminum.
The vender will provide the City with an analysis of each material providing
the pro and cons of use, to include costs.
3. Pickets will be of W' stock placed on four inch (4") centers.
4. The top of each picket will be decorative, i.e. "Fleur-delis".
5. There will be Seventy-Two (72) sections of fence. Most are approximately
thirty feet (30') long, placed between trees on a straight line in the center of
the medians. The remaining sections will extend from the end trees to a point
where the median narrows. The contractor will be responsible to take exact
measurements.
Installation:
I. All posts will be properly cemented at a depth outlined in the S.F. Building
Code.
2. Contractor will provide all necessary MOT in accordance with F.D.O.T.
guidelines.
3. Contractor will be responsible for all underground utility checks prior to
digging postholes.
Vender:
1. The ideal firm will have at least ten (I 0) years experience and provide the City
with references pertaining to like work.
2. Provide a certificate of insurance in the amount of One-Million dollars
($1,000,000), naming the City as certificate holder.
3. A construction bond in the amount of construction costs.
4. Worker Compensation coverage of Five Hundred-Thousand dollars
($500,000).
Other:
1. Contractor will file for proper permits with the City Building department. Fees
will be waived.
2. Vender will provide the City with a guarantee that welds and other assembly
Page 80f9
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 Phone (305) 949-3113 Fax
Metal Picket Fence Bid
Metal Picket Fence Bid
will be free of defects. If powder coating is used, installation will be free of
gouges or other breaks in the finished material.
Page 9 of9
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(JOS) 947-0606 Phone (305) 949-3113 Fax
Professional Welding Inc.
BID PROPOSAL
675 Northwest 5th Street
Miami, Florida, 33128
Tel: 305-443-1400/305-374-0101
profweldart@aol.com
Fax # 305-371-3521
March 28th, 2001
To:
The City of Sunny Isles Beach, Florida.
17070 Collins Avenue
Suite # 250
Sunny Isles Beach, Florida, 33160
TERMS:
JOB DESCRIPTION
We are pleased to submit the following Bid: Fabrication and installation ofGNE THOUSAND THREE HUNDRED TWENTY lineal
feet of aluminum picket fence for the City of Sunny lsles Beach, Florida. The metal fence will be instal!ed on the median of Collins
Avenue between GNE HUNDRED FIFTY EIGHT STREET AND GNE HUNDRED ElGTHY NINE STREET. The
picket fence will have an altitude of THREE FEET with aluminum Tx 2" anchor posts, 2" x I" top and bottom alwninulll channels
and %" x %" aluminum pickets each decorated with a round top cap. The specific DETAIL SHGP ORA WING for this picket fence, is
being submitted along with this BID PROPGSAL but its content has been agreed on previous meetings between MR. Hl:::NRY
QUINTERO. PRESIDENT GF PRGFESSIGNAL WELDING INC AND MR JAMES WATTS DIRECTGR GF PUBLIC WGRKS
FGR THE CITY GF SUNNY ISLES BEACH. FLORIDA The aluminum picket fence will be painted with electrostatic applications
ofPGWDER CGATED BLACK PAINT. Professional Welding Ine agrees to ALL City of Sunny Isles Beach rules and regulations
concerning THIS 13lDNO. OI-03-02.FOR THE FABRICATiGN, INSTALLATION AND PAINTING o.F A METAL FENCE.
FOR THE FABRICATION, INSTALLATION AND PAINTING OF 1320 LINEAL
FEET OF ALUMINUM PICKET FENCE
TOTAL
$98,000.00
NINETY EIGHT THOUSAND USA DOLLARS AND NO CENTS.
This is a Bid Proposal only. not a contract for services. This estimate is for completing the job as
described above. tNs baseQ.()fl our evaluation and does not include material price increases or
additioRal iabor and ~.which may be required should unforeseen problems arise after the
work has started. ExempIe: An..act of GOD.