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HomeMy WebLinkAboutReso 2007-1112 RESOLUTION NO. 2007-...ll.l..& A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SERVICE AGREEMENT WITH KMR CONSTRUCTION MANAGEMENT, INC., FOR THE DEVELOPMENT AND CONSTRUCTION OF THE FOUNDATION FOR THE TOWN CENTER PARK RESTROOM, IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND FIVE HUNDRED FOURTEEN DOLLARS ($20,514.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of restrooms for Town Center Park located at the northwest corner of 172lld Street and Collins A venue, for the health, safety and welfare of its residents; and WHEREAS, in conjunction with that effort the City went out for three (3) quotes for the development and construction of the foundation for the Town Center Park Restrooms; and WHEREAS, KMR Construction Management, Inc" quote was the lowest of the three (3) quotes received by the City for the project and the City wishes to enter into an agreement with KMR Construction Management, Inc" to perform these services, in an amount not to exceed Twenty Thousand Five Hundred Fourteen Dollars ($20,514,00), attached hereto as Exhibit "A"; and WHEREAS, KMR Construction Management, Inc, is qualified, willing and able to provide these services, subject to the terms and conditions contained in the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I, Approval of Agreement. The Agreement with KMR Construction Management, Inc" to develop and construct the foundation for the Town Center Park Restrooms, in an amount not to exceed $20,514,00, attached hereto as Exhibit "A", be and the same, is hereby approved, Section 2, Authorization of City Manager. The City Manager is hereby authorized to execute said Agreement, and do all things necessary to effectuate the terms of the Agreement. Section 3. Effective Date, This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21st day of June 2007, R2007- KMR Construction, Inc. ATTEST: ~A"~ Jane A, Hines, CMC, City Clerk Approved As to Form and Legal Suffi ienc : V otc: '5-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias R2007. KMR Conslmctioll, Inc. Moved by: Seconded by: __':~::.JY es) V (Yes) ---V(Yes) -V(Yes) V(Yes) ~o. VY\~c yo 1;h\-t..<c R C1YY\YY\I~.s 'DUrn. L~L'C.S i itS _(No) _(No) _(No) _(No) _(No) 2 CITY OF SUNNY ISLES BEACH AND KMR CONSTRUCTION MANAGEMENT, INC. SERVICE AGREEMENT CONTRACT NO. 0607-094 THIS SERVICE AGREEMENT ("Agreement") entered into this2f:day of '- \l.V\U. 2007, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and KMR CONSTRUCTION MANAGEMENT, INC., authorized to do business in the State of Florida (hereinafter referred to as "Contractor"), whose Federal I.D, # is 65-0380481, RECITALS WHEREAS, the City requires a foundation and slab to be designed and built for the pre- constructed restroom facility planned for the Town Center Park site ("Services"); and WHEREAS, on May 24, 2007, in response to the City's request for proposal for the Town Center Park Restrooms project, located at the northwest corner of l72nd Street and Collins Avenue, Contractor submitted the attached Proposal/Agreement for a Foundation and Slab, (Attachment "A"), attached hereto and made part hereof; and WHEREAS, Contractor's quote was the lowest of the three (3) quotes received by the City for this project and the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for a total amount not to exceed Twenty Thousand Five Hundred and Fourteen Dollars ($20,514,00); and WHEREAS, the Contractor is qualified, willing and able to provide the desired Services, NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: TERMS I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2, SERVICES: Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City, Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City aecordingly, Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons, 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 the Services pursuant to the terms of this contraet and City must undertake the completion of performance of Services, Contractor agrees to indemnify the _w. C0607-094 KMR Construction Management, Inc. Services Agreement "J c \\) .J Ci(r of SIIIIIIY Isles Belich 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Contractor's failure to perform the Services, 3. COMPENSATION: Contractor shall be compensated a total fee of Twenty Thousand Five Hundred and Fourteen Dollars ($20,514,00), Five Thousand One Hundred and Twenty-Eight Dollars and Fifty Cents ($5,128,50), which is twenty-five percent (25%) of this total amount, will be paid to the Contractor upon execution of this Agreement. An additional Five Thousand One Hundred and Twenty-Eight Dollars and Fifty Cents ($5,128,50), twenty-five percent (25%), will be paid to the Contractor upon a permit being issued from the City, The balance, Ten Thousand Two Hundred and Fifty-Seven Dollars ($10,257,00), will be paid to the Contractor upon completion and acceptance of this project by the City of Sunny Isles Beach, All charges under this Agreement shall be in accordance with this Agreement and a schedule of charges and tasks reflected in Attachment "A", The Contractor shall make no other charges to the City for supplies, labor, 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. 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 ten (10) 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: Contractor shall, at its sole cost and expense, during the period of any work being perf0l111ed 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 indicated 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 minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability, o Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage, C0607-094 KMR Construction Management, Inc. Services Agreement 2 f~'l. I I' ;:, .' - - City of SWIIIY Isles Beach 18070 Collins A venue, Sunny Isles Ileacl1, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Five Million Dollars ($5,000,000), 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 indemnifieation 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 with a minimum Best rating of A-Excellent. Beforc any work undcr this Agl'ccmcnt is pCI-fonncd, and at any timc upon request, Conti-actor shall furnish to thc City ccrtificatcs of ins\ll-ancc cvidcncing thc minilllulII rcquit'cd covcragc and shall bc appropriatcly cndorscd for contractual liability, with the City namcd as additional insurcd, 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-Contractors 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, 6, OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work produet produeed pursuant to this Agreement shall become the exclusive property of the City and shall be provided to the City upon request. 7, INDEPENDENT CONTRACTOR RELATIONSHIP: 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. 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 any and all material permits, licenses, C0607-094 KMR Construction Management, Inc. Services Agreement 3 ('.\ r', ,) l City of Sunny Isle!'; BellC" 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax approvals and consents necessary for the lawful conduct of the activities eontcmplated under this Agreement. Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"), As provided in Section 62-16, Code of thc City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards, 9, WAIVER OF LIABILITY/INDEMNITY: 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 claim, loss, damage, liability, cost 01' 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. Contractor's indcmnity 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 City property, 10, ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit ofthc City and to any and all of its successors and assigns, whether by merger, eonsolidation, 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 lcgal force and effect whatsoever. 11. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end One (1) month following the execution of this Agreement, upon the completion of Services described in Attachment "A", The term of this Agreement may be extended for an additional term at the option of the City, 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 diligcnt manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 8 and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive tennination of this Agreement. C0607-094 KMR Construction Manag~ment, Inc. Services ^greelll~nl 4 .(.... ~', ) U Ci(J' of SIII/I/)' Isles Belich 18070 Collins Avenue, Sunny Isles Ileach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 12, TERMINATION: A, If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed, Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i,) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 3 herein, (ii,) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set- off until such time as the exact amount of damages due the City from the Contractor is determined, B, Termination for Convenience of City, The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given wrillen notice which shall become effective seven (7) days following receipt by Contractor. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C, Termination for Insolvency, The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors, 13, 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: C0607-094 KMR Construclion Management, Inc. Services Agreement 5 Sid - Ci(I' of SUNIlY Isles Ilel/ch 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3] 13 Fax If to the City: A, John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins Ave, City of Sunny Isles Beach Sunny Isles Beach, Florida 33160, 18070 Collins A venue Ph: 305-947-0606 Sunny Isles Beach, Florida 33160, Ph: 305-947-0606 If to the Contractor: Kevin M, Rafferty, President KMR Construction Management, Inc, Miami-Ft. Lauderdale Office 2042 Madison Street Hollywood, FL 33020 Ph: 954-342-3400 Fax: 954-342-3404 14, GOVERNING 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 conllict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 15, ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association, The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, Arbitration shall be held in Miami-Dade County, Florida, All costs of arbitration and attorneys' fees ineurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation, 16, WAIVER OF RIGHT TO JURY TRIAL: Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right whieh any may have to a jury trial in respect of any action, proceeding, litigation or counterelaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party, 17, REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have ten (10) 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 from the Contractor in an amount equal to the actual cost of a third party to cure such failure, C0607-094 KMR Construction Management, Inc. Services Agreement 6 .; I B Ci(I' of SIIIIIIJ' Isles Beach 18070 Collins A venue, Sunny Isles Ilcach, Florida 33] 60 (305) 947-0606 phone (305) 949-3113 Fax The City may sue for damages in arbitration, If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendercd as of the date of tennination. 18, MISCELLANEOUS: A, 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, B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes, C, 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 understandings relating hereto, D, Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E, 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, CONFLICTING PROVISIONS: Thc terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other docllment. (The remainder of Ihis page has been inlenlionally left blank.) C0607-094 KMR Construction Management, Inc. Services Agreement 7 ,~ I .,) ~J ~.. City of SIII/IIY hIe" Beach 18070 Collins A venue, Sunny Isles Ileach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above, WITNESSES: CONTRACTOR: KMR CONSTRUCTION MANAGEMENT, INC. DY'~ 0-'7-0'1 evin , afferty, PresIdent , ATTEST, CITY OF SUNNY ISLES BEACH ~A~ Jane Hines, CMC, City Clerk S. Edelcup, Mayor C0607-094 KMR Construction Mflllagcmcnt, Inc. Services Agreement 8 ,:' n t.) L. KMR Construction Management, Inc. 5/24/2007 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attn: Rick Conner, Clayton Parker Re: Town Center Park Restroom NW Corner of 172nd Street and Collins Ave. Sunny Isles Beach, FL 33160 Dear Mr. Conner and Mr. Parker; Attached you will find our executed proposal for the design and build of the above referenced project. If you have any questions or concerns, please feel free to contact me. Thank you for the opportunity and I look forward to working with you. Respectfully Submitted: ilJl:toii:r=;,,", KMR Construction Management, Inc, 2042 Madison Street, Hollywood, FL 33020 954-342-3400 - 954-342-3404 fax - I - ? C' '''I ,) \ .' Attachment "A" KMR Construction Management, Inc. Proposal Date Proposal Submitted: OS/24/07 Clieut Information: Mr, Rick Conner and Mr, Clayton Parker Sunny Isles Beach, Engineering and Public Works Director AND Building Official 18070 Collins Ave. Sunny Isles, FL 33160 Project Information: Location: Town Center Park Restroom Address: NW Corner of 172nd St. and Collins Ave, Sunny Isles Beach, FL 33160 Telephone: Rick Conner 305-792-1928 Clayton Parker 305-947-2150 Fax: 305-947-5107 Website: www.sibfl.net Description: Foundation and Slab / Design and Build KMR Information: Address: Miami-Ft. Lauderdale Office 2042 Madison Street Hollywood, Florida 33020 Tax ID #: Federal Employer/Tax ID # 65-0380481 General Contractor License #: CGC025772 Representative: Kevin M. Rafferty Phone: 954-342-3400 Fax: 954-342-3404 Email: krafTerty@bellsouth.net Miami - Ft. Lauderdale 0 2042 Madison StreelD l;ol~. Florida 33020 0 888-299-3622 0 248-299-9233 fax -1- S'II) '" tJ Additional Project Information Proposal A. Sitc Plan and Survcy- A site plan and survey will be required to initiate the design portion of this proposal! contract. The site plan needs to show the exact loeation of the rest room facility, and the survey must show any and all underground utilities, irrigation and all set back and easements, n. Projcct Managcr- We will assign a Project Manager to the job that will be responsible for property communication, property notiees, safety meetings, job scheduling, etc", C. Days Rcquircd to Start Dcsign, Build and CompIction - . From the date we receive a complete site plan and survey, we need approximately 10 calendar days to complete all required drawings ready to be submitted to Miami- Dade County for approval from the Department of Environmental Resource Management and Fire Plan review, (Note: you should allow at least 10 working days for the county approvals, Also, Plans may need approval from Miami-Dade Sewer and North Miami Beach Water,) . City Approval of plans, ( this time frame is up to you) . Once a permit is issued we need approximately 3 calendar days to mobilize and get started . After mobilization eommences we need 14 ealendar days to complete said project. D. Paymcnt Schcdulc- . 25 % due upon acceptance and signing of contraet proposal . 25 % due upon permit issued from the City of Sunny Isles Beach . Balance due upon completion and acceptance from the City of Sunny Isles Beach (certificate of completion) Miami - Fl Lauderdale 0 2042 Madison SlreelD Hollywood, Florida 33020 0 888-299-3622 0 243-299-9233 fax -2- SIB E. Additional Information - The following information can also be provided upon request: . Updated Reference List. . A completed W-9 form, . Copy of general contractor's license, . Original Certificate ofInsurance that meets the owner's requirements, . Material and Labor List and Lien Waivers for each payment. . A list of emergency phone numbers for key personnel. . All material safety data sheets (MSDS) that pertain to products we would be using to complete this project. F. Scope of Work - KMR Construction Management, Inc. shall design and build the foundation and slab for the pre-engineered restroom facility located at the Town Center Park, 172nd Street and Collins Avenue, Sunny Isles Beach, Florida 33160, G. Approval and Permits - . Dade County Fire Plan Review Seetion . Dade County Department of Environmental Resources Management . City of Sunny Isles Beach . Miami- Dade Water and Sewer . City of North Miami Beach Water Department H. Allowances - We have incorporated an allowance of Five Hundred Dollars ($500,00) for all County Plan Review fees and City Permit fees, Any and all costs over and above the allowance figure shall be reimbursed to KMR Construction Management, Inc, as an extra cost. I. Work by others- Please note that our scope of work does not include the side walks to and from said facility. The electrical and plumbing work will be completed by others, contracted directly to the City of Sunny Isles Beach, Price to perform the above scope of work - $ 20,514.00 Twenty-Thousand, Five Hundred and FOUl"teen Dollars. Warranty Information: Warranty shall commence for a 1 year period after The Certificate of Completion is issued. Miami - Fl Lauderdale 0 2042 Madison 5treetO Hollywood. Florida 33020 0 888-299-3622 0 248-299-9233 fax - 3 - (' D d r, Altcrnatc # I Add $ 750,00 to contract proposal, should you require KMR to bolt down and anchor the pre-engineered building (electrical grounding by others) ?y~d he~cePts an~he prices, specifi~2onditions indicated above. Norman S. Edelcup, Mayor Kevin M. R~ City of Sunny Isles Beach KMR Construction Management, lnc 0/a1/D7 Date I r- ';?,)'- 07 Date Miami - Ft. Lauderdale 0 2042 Madison StreetD Hollywood, Florida 33020 0 883-299-3622 0 248-299-9233 fax - 4 - S \ \), City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk June 26, 2007 Kevin M. Rafferty, President KMR Construction Management, Inc. Miami-Ft. Lauderdale Office 2042 Madison Street Hollywood, Florida 33020 Re: Town Center Park Restroom Foundation Construction Services Agreement Dear Mr. Rafferty: At its regular meeting of June 21, 2007, the Sunny Isles Beach City Commission adopted Resolution No. 2007-1112, which approved the above- referenced agreement with KMR Management, Inc. Enclosed are an original, executed agreement and a copy of the approving resolution for your files. Please contact Mr. Rick Conner, Public Works Director/Engineer, regarding performance of this agreement. Thank you. Very truly yours, ~~~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works Director/Engineer Anice Paul, Administrative Assistant to Finance Department Shaun S. Gelvez, Contracts Coordinator TCP Restroom Foundation Construction Reso Memo City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax MEMORANDUM TO: The Honorable City Commission VIA: A. John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager Rick Conner, Director of Public Works~ June 21, 2007 DATE: RE: Approval of contract with KMR Construction Management for the development and construction of the foundation for the Town Center Park Restrooms RECOMMENDATION: We recommend authorizing the Mayor to execute a contact with KMR Construction Inc. to develop and construct the foundation for the Town Center Park Restroom in an amount not to exceed $20,514.00. BACKGROUND: We received quotes from three firms. They included KMR at $20,514, Calvin- Giordano (though their quote did not include construction) at $22,000, and Eisman & Russo at $25,880. This contract will include among other things, the work necessary to plan, design, construct, and inspect the work and construction methods on this project. Funds are available in CIP Account 20-600-5648. City Commissioll Norman S. Edelcup, Mayor Lewis J. Thaler, Vi," Mayor Roslyn Brezin, Commissio1ler Gerry Goodman, Commissio1ler Danny Iglesias, Commissio1ler A. John Szerlag, Ci(y Ma1lager Hans Ottinot, City Attomey Jane A. Hines, City Clerk Agenda Item l 0 C; Date G, - 2 t - 0 I