Loading...
HomeMy WebLinkAboutReso 2003-563 RESOLUTION NO. 2003- ~~ 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND PIOS & SONS ENTERPRISES, INC., ATTACHED HERETO AS EXHIBIT "A", FOR STAMPED ASPHALT CROSSWALKS ON COLLINS AVENUE, IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AMENDMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to upgrade additional crosswalks on Collins Avenue to stamped asphalt; and WHEREAS, the City Commission adopted Resolution No. 2002-480 on October 10, 2002 approving an agreement with Pios & Sons Enterprises, Inc., for stamped asphalt in certain crosswalks on Collins A venue; and WHEREAS, the City wishes to approve Amendment No.1 to Agreement, attached hereto as Exhibit "A", with Pios & Sons Enterprises, Inc., in a total amount of $45,000.00 bringing the total contract amount to $134,600.00 for additional stamped asphalt in certain crosswalks on Collins A venue. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Approval of Amendment No.1. Amendment No.1 to Agreement by and between the City of Sunny Isles Beach and Pios & Sons Enterprises, Inc., for stamped asphalt in certain crosswalks on Collins A venue, in an amount of $45,000.00, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Amendment. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of June, 2003. R2003- Pios & Sons Crosswalks 011 Collins Ave Amendment Page 1 of 2 / ATfE~r, :' '- '.. -:")"~":.';'-. :':A''-'.,::'~'' , , .:".' .~. . '. .' . '- ' ~',,, ' ,..~.. ,::.. ~ ,r " -r- ~ to , '.' Jan~:I~. ~nes, Acti.Ijg City Clerk ,'" j , -, ~:~ , " ,/ . ~ " Vote: ~O Mayor Samson Vice Mayor Ede1cup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman David Samson, Mayor Moved by: ",,;,CfL ~OV f"~~LCUP Seconded by: (.ommlSS"1 o'AYtL. :C(OL'i~ll1:S v (Yes) V (Yes) V (Yes) V (Yes) V (Yes) R2003- Pios & Sons Crosswalks on Collins Ave Amendment Page 2 of 2 (No) (No) (No) (No) (No) 0-- AMENDMENT NO.1 TO STAMPED ASPHALT SERVICE AGREEMENT DATED NOVEMBER 1, 2002 BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND PIOS AND SONS ENTERPRISES, INC. THIS AGREEMENT, entered into this ~day of ~ 2003, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and PIOS AND SONS ENTERPRISES, INC., (hereinafter referred to as "Contractor"), a Florida corporation. WHEREAS, by contract dated November 1, 2002, the City of Sunny Isles Beach hired Contractor to upgrade certain sidewalks and crosswalks within the City; and WHEREAS, the City is pleased with Contractor's performance under said contract; and WHEREAS, pursuant to Paragraph 2 of said contract, the City now desires to amend contract and request that contractor provide additional services relating to the upgrade and asphalt stamping of additional pedestrian crosswalks at various locations within the City; NOW THEREFORE, for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1. Services. Contractor shall provide all labor, supervision, materials, supplies and equipment, to perform management consulting services as more particularly described in Exhibit "A" attached hereto and made a part hereof. This Agreement establishes the cope of services, specifications and performance standards to be performed, as incorporated herein, and firm prices in accordance with the Scope of Work from the Public Works Department dated June 17,2003. The total price for these additional services shall not exceed $45,000.00, payable: D monthly, as invoiced; or D upon completion. 2 Payment for Contractor Services. Request for partial payment of services must be submitted monthly, in duplicate, with supporting documents, if any, referencing this contract number and/or Purchase Order Number, to the attention of the Finance Department, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. 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. Contractor 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 Contractor further City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Amendment I to Pios Stamped Asphalt Contract Attorney/ Agreements/ch 6/18/2003 Page 1 of5 warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 3. Additional Services. If Contractor identifies the need for additional work or changes under this Agreement 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. 4. A vailabilitv of Funds. The obligations of The City of Sunny Isles Beach under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City Commission. 5. 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.wn,""tten notic, e" tp ,Cont,tac, tor,' Upon termination, the City niaYJ;e:;..bid the project if the " Contractor fails to perform under this Agreement due to the undisclosed conditions. 6. Insurance. 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, sub-Contractors or employees, as more particularly set forth below: o 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 limits of One Million Dollars ($1,000,000) combined single limit occurrence. o Workmen's Compensation, with no less than $100,000 for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City, its agents, employees and officials. o Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage for errors and omissions. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for limits of not less than $500,000 per occurrence, Combined Single Limit or its equivalent. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City. Before any work under this City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Amendment I to Pios Stamped Asphalt Contract Attomey/ Agreements/ch 6/18/2003 Page 2 of5 . Agreement is performed, and at any time upon request, Contractor 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'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) 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 Contractor hereunder. Contractor shall also require and ensure that each of its sub-Contractor(s) 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 INWIUTING BY THE CITY. . . Compliance with these insurance requirements shall not relieve or limit the Contractor's liability and obligations under this contract. 7. 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. The Contractor does not have the power to bind the City in any promise, agreement or representation other than as provided for in this Agreement. 8. 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, at its sole expense, any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 9. Compliance with Occupational Safety and Health. Contractor hereby certifies that all materials, equipment, etc., used to perform the services required by this Agreement meets all OSHA requirements. 10. Waiver of Liabilitv/Indemnitv. 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, sub-Contractor(s) or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any 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. 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. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Amendment I to Pios Stamped Asphalt Contract Attomey/Agreements/ch 6/18/2003 Page 3 of5 r 11. 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. 12. Term. This Contract for additional services hereby amends that Contract dated November 1, 2002 by and between the City of Sunny Isles Beach and Pios and Sons Enterprises, Inc., to include the additional services requested herein, as more particularly described in Exhibit "A" attached hereto, and shall commence on June 20, 2003, and expire on June 20, 2004. This contract may be renewed. Any renewal of this Contract shall be subject to appropriation of funds by the City Commission. .13. Termination. This Agreement may be cancelled by the City, with or without cause, upon seven (7) days written notice to Contractor. This Contract shall be subject to immediate termination if the services do not comply with the specifications stated herein, or fails to meet the City's performance standards. 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 to the attention of Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and to Contractor at Pios and Sons Enterprises, 320 Atlantic Avenue, Sunny Isles Beach, Florida 33160, Attention: Hector M. Ortiz, President. 15. 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. 16. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 17. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions ofthis agreement, the losing City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Amendment I to Pios Stamped Asphalt Contract Attorney/ Agreements/ch 6/18/2003 Page 4 of5 , party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, all costs, together with reasonable attorney's fees for the collection and enforcement of judgment. 18. 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 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 si2lled 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 si2lled by the party granting such waiver. 19. Conflictine Provisions. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in triplicate, on the day and year first written above. PIOS AND SONS ENTERPRISES, INC. ("'- By: ATTEST: CITY OF ~# IS~ ACH . By: ~4~~~~ David Samson, Mayor 'BJ.~'~ ~~.~~ r Jane A Hines, 'Acting City Clerk APPROVED AS TO FORM AND LEGAL SUF ICIENCY City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Amendment I to Pios Stamped Asphalt Contract Attomey/ Agreements/ch 6/18/2003 Page 5 of5 I. . To: From: Date: Re: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission David Samson, Mayor Norman S. Edelc:up, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lila Kauffman, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Jane A. Hines, Acting City Clerk MEMORANDUM Cecille Hayles Contract Administrator James E. Watts, Direct~, Public Works Departme~Q) June 17,2003 SCOPE OF WORK PERTAINING TO THE PIOS CONTRACT AMENDMENT This new portion of the contract is to provide stamped asphalt pedestrian crosswalks at; 1. 158 Street. 128.5 L.F. 2. 159 Street 148.5 L.F. 3. Atlantic Ave. 140.5 L.F. All crosswalks are 10 feet wide For an estimated square footage of 4,175 @ $10.00 per S.F. = $41,750.00 The measurements were taken by this writer and may be somewhat different when measured by Pios sub-contractor. EXHIBIT" A " ""r ISIe Cityof SunnyIsles BeachCity Commission � David Samson Masser ti°r+., F 17070 Collins Avenue, Suite 250 Norman S.Edelcup,ViceMayor Sunny Isles Beach,Florida 33160 Gerry Goodman,r . o er si •• Danny Iglesias,C Lila K�uffman,f er 1305) 947-0606 City Hall , : oe )305) 949-3113 Fax Christopher J.Russo,City Manager ro^� Lynn M.Dann heisser,City Attorney p".3 pas) 947-2150 Building Department or soak ,".3 947-5107 Fax Jane A.Hines,Acting CityClerk MEMORANDUM To: MAYOR and CITY COMMISSION From: James E. Watts,Director Pubhc Works Department Date: June 19,2003 Re: APPROVAL TO AMEND PIGS AND SON CONTRACT FOR ASPHALT STAMPING OF COLLINS AVE. CROSWALKS RECOMMENDATION: It is recommended that the City Commission approve amending the contract of Pios & Sons Enterprises for additional asphalt stamping of pedestrian crosswalks along Collins Avenue.The original contract was for$89,600. Our amended request shall not exceed $45,000.00 for a total of $134,600.00. REASONS: Asphalt stamping and coloration is a relatively new process. We did not want to commit to a city- wide contract until an on site evaluation could be made of quality of work and time to complete a crosswalk. With the exception of some traffic problems,all aspects of this project have proven to be as good as we were led to believe. ADDITIONAL INFORMATION: The design pattern and color scheme will remain the same. Respectfully Submitted,