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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 :L~~ 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. Page 1 of 4 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 Page 3 of4 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: ~~ ;~,,/2+- PROFESSIONAL WELDING INC.: BY: . JlORClALNOTARYSEAL ~~ /'[ .b,,' lM/1r ~ ~MISS~ No~777i::~ff.4 MY COMMISSION EXP SEPT 22, f.OO2" " ~&~ ~ CITY OF SUNNY JSLESBEACH .....///c/ ~.__" BI~_~C:l}rls~J~so;tity Manager J~/~ /' 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.