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HomeMy WebLinkAboutReso 2003-619 RESOLUTION NO. 2003. ~ \ q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE SPIRE CORPORATION, FOR BATHROOM UPGRADES FOR THE GILBERT SAMSON OCEANFRONT PARK, IN AN AMOUNT OF TWENTY. ONE THOUSAND DOLLARS ($21,000.00), A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to renovate the bathrooms in the Gilbert Samson Oceanfront Park; and WHEREAS, the proposed scope of services entailed replacement of bathroom facilities, mirrors, wall tiles, etc., which requires architecture, engineering, and plumbing services, and the City solicited quotes from several vendors and received three different responses from various companies; and WHEREAS, The Spire Corporation, a qualified consulting service corporation qualified to do business in Florida, submitted a proposal in the amount of Twenty-One Thousand Dollars ($21,000.00), making them the lowest responsive, responsible bidder; and WHEREAS, the Spire Corporation has agreed to undertake the project, and the City wishes to enter into an agreement with The Spire Corporation, attached hereto as Exhibit "A", in the amount of $21,000.00, for the bathroom upgrades for the Gilbert Samson Oceanfront Park. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement by and between the City of Sunny Isles Beach and The Spire Corporation for bathroom upgrades for the Gilbert Samson Oceanfront Park, in an amount of $21,000.00, 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 Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. R2003- The Spire Corp., Bathroom Upgrade Oceanfront Pk 1 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of December, 2003. .~. - . ~ \;" ~.. .. 1,.... .~. '"" '. . I ',.., t." (").- {' ) , . -( , II" , :" '.", 'J AtTEST: "- ,\':, (L\at';~ .L '., 'J ~e; A. Hines, Oi!Y' Clerk .. ...., ... ... " ,..,;> "l .:'''' .i~-. Vote: 4-0-\ Mayor Edelcup Vice Mayor Goodman V ~~t- Commissioner Brezin Commissioner Iglesias Commissioner Thaler R2003- The Spire Corp., Bathroom Upgrade Oceanfront Pk 2 Moved by: C ()MW\\ S.~1 VI\..>f:JL.. \ t\-A-L~ Seconded by: CC)W\~, ~IZ> IO~ ~~E-L.l^" V(Yes) _(Yes) V(Yes) ~(Yes) ---0Y es) _(No) _(No) _(No) _(No) _(No) CITY OF SUNNY ISLES BEACH BATHROOM UPGRADES FOR THE OCEAN FR9~T PARK AGREEMENT NO. 03- c;~r()o-f)/ THIS AGREEMENT, entered into this 1.0 T'" day of ;TJ)..,.JCJ/at.'21 200~ by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and THE SPIRE CORPORATION, (hereinafter referred to as "Contractor"), a Florida corporation. WHEREAS, Contractor is a qualified consulting service corporation qualified to do business in Florida; and WHEREAS, the City desires to contract with Contractor to provide the services described in the scope of work attached hereto as Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1. Services. Contractor shall provide all labor, supervlSlon, 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 scope of services, specifications and performance standards to be performed, as incorporated herein, and firm prices in accordance with the Contractor's quotation dated November 5, 2003. /' The total price for these services is $21,000.00, payable: 0 monthly ~pon 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 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 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 ofthe City. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Spire Corporation Construction Services Attorney/ Agreements/jb 1214/2003 Page 1 of 5 Exhibit "A" 4. Availability 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 written notice to Contractor. Upon termination, the City may re-bid the project if the Consultant/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, Contractors or employees, as more particularly set forth below: CJ 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. CJ 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. CJ EPfefS atut Om.issi8ft C8fttl!t6tef skall 6!tny a m.iftitfltlm. ef $599,999 S8 ..STag@ fer ~ @Fr8rg aRG gm.iggi8R!l. A.'- 'P&R EXl/16'T A(I) ~ CJ 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 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 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Spire Corporation Construction Services Attomeyl Agreements/jb 1214/2003 Page 2 of5 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 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 IN WRITING 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, 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. 11. Assi2nment. 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. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Spire Corporation Construction Services Attorneyl Agreements/jb 12/4/2003 Page 3 of 5 As PEt( ~)OII&lrA(I) _E.o/) _ 12. Term. THis Csfttraet sHall e8fHfH8fte8 8ft lBRIlB"" ,th 1991, afts elJtj3ire 6ft Yeln tift., ~th ~~ . 2994. 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 thirty (30) 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 2310 Tallahassee, Weston, Florida 33326, Attention: Edward A. O'Donnell. 15. Governinl! 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 of this agreement, the losing 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, City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Spire Corporation Construction Services Attomeyl Agreements/jb 12/4/2003 Page 4 of5 agreements and understanding relating hereto. Any modification ofthis 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 party granting such waiver. 19. Conflictinl! 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. THE SPIRE CORPORATION 4 By: ~s f.~:1 President ~ PrintNam ~ ,~ \" " ".- ," , ATTEST: / ' . ,.....~~. .' . . :'. '.:(t~.; - ;~ \;B)(:. , . ,~.~ ',. ;1. Jane A. Hine~, City Clerk '. ! \ ~. _J CITY OF SUNNY ISLES BEACH 'll. " , " ./ " , '" . ~ 'h-., ,) City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Spire Corporation Construction Services Attorney! Agreements/jb 1214/2003 Page 5 of 5 '( ~ ) .. City of Sunny Isles Beach Bathroom Upgrades for the Ocean Front Park Exhibit A to Agreement No. 03=3 fo~oo - 0 I Paragraph 5 of the agreement shall be amended as follow: The requirement for Errors and Omissions insurance shall be waived by the City of Sunny Isles beach. Paragraph 12 of the agreement shall be amended as follows: "Design documents and material submittals shall be completed and presented for The City of Sunny Isles approval one week after the execution of this agreement. Upon approval, the permit plans shall be immediately submitted for permit. Any and all comments generated during the permit review, shall be addressed and resubmitted within one week. The term of the construction phase shall be one month from the date of permit issuance." The Spire Corporation By: illODJI( Edward A. O'Donnell, President The City of Sunny Isles Beach Exhibit A(l)