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Home My WebLink AboutReso 2007-1141 RESOLUTION NO. 2007- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL OF AN AMENDMENT TO THE SERVICE AGREEMENT WITH KMR CONSTRUCTION MANAGEMENT, INe., FOR THE DEVELOPMENT AND CONSTRUCTION OF THE FOUNDATION FOR THE TOWN CENTER PARK RESTROOM, IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND NINE HUNDRED NINE DOLLARS AND FORTY- NINE CENTS ($14,909.49), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AMENDMENT TO 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 172nd Street and Collins A venue, for the health, safety and welfare of its residents; and WHEREAS, on June 26, 2007 the City Commission approved, via Resolution No. 2007- 1112, a Service 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); and WHEREAS, it was necessary to do additional work while installing the restrooms not included in the original Service Agreement including raising the slab one-foot, reshaping the whole area in one process rather than having to come back with a retaining wall later, and building the sidewalk and handicap ramp; and WHEREAS, KMR Construction Management, Inc., submitted a proposal to do the additional work in an amount not to exceed Fourteen Thousand Nine Hundred Nine Dollars and Forty-Nine Cents ($14,909.49) bringing the total amount to Thirty-Five Thousand Four Hundred Twenty-Three Dollars and Forty-Nine Cents ($35,423.49), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratify Approval of Amendment to Agreement. The Amendment to Agreement with KMR Construction Management, Inc., for additional work in developing and constructing the foundation for the Town Center Park Restrooms, in an amount not to exceed $14,909.49, attached hereto as Exhibit "A", be and the same, approval is hereby ratified. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment to Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Amendment to Agreement. R2007- KMR Amend Agmt Town Ctr Pk Restrooms.doc Page I of2 Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of August 2Q07. ~, ATTEST: - .' .~~ J\.~ . Jane A. Hines, CMC, City Clerk Moved by: Seconded by: Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v (Yes) t:7"(Yes) V (Yes) V(Y es) V(Yes) R2007- KMR Amend Agml Town Ctr Pk Restrooms.doc '11 Q VY\~~~M..'ill GyY\rN.~~lO.tJ~ \ ~Lcc.<;:'I' A-s- _(No) _(NO) _(NO) _(NO) _(NO) Page 2 of2 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 August 20, 2007 Kevin M. Rafferty, President KMR Construction Management, Inc. Miami-Ft. Lauderdale Office 2042 Madison Street Hollywood, Florida 33020 Re: Amendment No. 1 to Town Center Park Restroom Foundation Construction Services Agreement Dear Mr. Rafferty: At its regular meeting of August 20, 2007, the Sunny Isles Beach City Commission adopted Resolution No. 2007-1141, which approved Amendment No. 1 to the Town Center Park Restroom Foundation Construction Services Agreement with KMR Management, Inc. Enclosed are the three (3) original agreements for execution by you and two witnesses. Should you have any questions regarding performance of this agreement, please contact Rick Conner, Public Works Director/Engineer. Upon execution, please return the three (3) originals to my attention for further process mg. Thank you. Very truly yours, ~~W~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works Director/Engineer (w/o attachments) TCP Restroom Foundation Construction Amend for Sig Ltr City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I 13 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax 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 Ottinol, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission Via: A. John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager/Services Rick Conner, City Engineer/Public Works Director DATE: August 16,2007 RE: Approval of the Expenditure of Funds Spent to Accommodate the Placement of the Prefabricated Toilet Facilities in Town Center Park. RECOMMENDATION It is recommended that the City Commission approve payment in the amount of $14,909.49 to KMR Construction for additional services to allow the placement of the new prefabricated restroom facility at Town Center Park. REASONS The unit was being delivered and an additional permitting requirement created the need to change (raise) the previously approved pier and foundation. The contractor, in good faith, did the additional work so that the project could be completed as planned. In addition, we need to anchor the building and put a sidewalk to, and an apron in front of, the building. This increase will cover all expenses to give us a turn key facility. All of this additional work would be required no matter what type of facility we chose, and this contractor has done many additional things at no cost to facilitate the City. ADDITIONAL INFORMATION Funding is available in General Fund Account Number 20-600-5648. Agenda Item Date ".:";-". CITY OF SUNNY ISLES BEACH FIRST AMENDMENT TO: KMR CONSTRUCTION MANAGEMENT, INC. SERVICE AGREEMENT CONTRACT NO.: C0607-094A 'Q THIS AMENDMENT is made and entered into this day of 2007, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and KMR CONSTRUCTION MANAGEMENT, INe., authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). WHEREAS, on June 26, 2007 the City Commission approved, via Resolution No. 2007- 1112, a Service 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, it was necessary to do additional work while installing the restrooms not included in the original Service Agreement including raising the slab one-foot, reshaping the whole area in one process rather than having to come back with a retaining wall later, and building the sidewalk and handicap ramp; and WHEREAS, KMR Construction Management, Inc., submitted a proposal to do the additional work in an amount not to exceed Fourteen Thousand Nine Hundred Nine Dollars and Forty-Nine Cents ($14,909.59) bringing the total amount to Thirty-Five Thousand Four Hundred Twenty- Three Dollars and Forty-Nine Cents ($35,423.59), attached hereto as Exhibit "B". REMAINING TERMS. All other terms and provisions of the Master Agreement dated June 26, 2007 shall remain in full force and effect. 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 party granting such waiver. In the event of any conflict between the terms of this Agreement and any other agreement, this Agreement shall prevail IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. Exhibit "A" S\B City of Sunny Isles Beach , , ' 18070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (305) 949-3113 Fax WITNESSES: CONTRACTOR: KMR CONSTRUCTION MANAGEMENT, INe. BY: Kevin M. Rafferty, President ATTEST CITY OF SlJNNY ISLES BEACH BY: A. John Szerlag, City Manager Jane Hines, CMC, City Clerk C0607-094A KMR Construction Management Inc. 2 SiB !J' '~'r '.hI.." .... '. .~ , . 04 ,. "~d"('" ~fI. _~~ .11. . J. .~ ..... ". //. "'. '?/. ....."J;~~o.. ~\" 'c<:~~:.~o' CITY OF SUNNY ISLES BEACH AND KMR CONSTRUCTION MANAGEMENT, INC. SERVICE AGREEMENT CONTRACT NO. 0607-094 THIS SERVICE AGREEMENT ("Agreement") entered into this2 \5tday of ~11U....- 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, INe., authorized to do business in the State of Florida (hereinafter referred to as "Contractor"), whose Federal J.D. # is 65-0380481. RECIT ALS 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 ] 72nd 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 accordingly. 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 contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the ('0607-094 KMR Conslrllclion Managcmcnt. Inc. Se Exhibit "A" S\\) ..City of Sunny Isle!> Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (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. COMPENSA TION: 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 (l0) days written notice to contractor. Upon termination, the City may fe-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 perfonned 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 $1,000,000 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($] ,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily inj ury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. C0607-094 KMR Construction Management. Inc. SCI\ lecs Agreement 2 s\~ : Cif)' of Sunil)' J!<.les Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 ] 3 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 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 with a minimum Best rating of A-Excellent. 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 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 product produced 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, C06(J7-094 KMR Construction Managemcnt. Inc Seniccs Agreement 3 S\B : Of)' Of SUItIl)' hie!> Belich ] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 J]3 Fax approvals and consents necessary for the lawful conduct of the activities contemplated 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 the City of Sunny Isles Beach, the City Commission may ternlinate this Contract for violation of the above-referenced ethical standards. 9. WAIVER OF LIABILITYIINDEMNITY: 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 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. Contractor's indemnity 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 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. ] 1. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the ternl 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 diligent 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 termination of this Agreement. C0607-094 KMR COl1struction Managcmcnt. Inc SCf\'ICCS Agrecmcnt 4 SIB : (,'it)' uf Sunny Isles Belich ]8070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ]2. 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 (] 0) 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 written 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 Conslruction Managcment, Inc. Scrvices Agrccmcllt 5 S\B : qty of Sun,,)' Isles Beuch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (30S) 947-0606 phone (305) 949-3]]3 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 conflict 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. ARBITRA TION: 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 incurred 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 which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim 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. C0607-0lJ4 I(MR Construdion Management. Inc. Services Agrecmenl 6 S\~ : c,ity of Sunny Isles Betlch -. ] 8070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (30S) 949-3] 13 Fax The City may sue for damages in arbitration. If Contractor fails, refuses or is unable to perfolm any tenn of this Agreement City shall pay for services rendered as of the date of termination. 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: The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. (The remainder of this page has been intentionally left blank.) C0607-094 KMR Construction Management, Inc. Services Agreement 7 SIB : (it)' of SUIlIl)' Isles Beach ] 8070 Collins A venue, Sunny Isles Beach. 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. BY: ~tft?= G -"7-111 KeVin . Rafferty, PreSIdent ATTEST CITY OF SUNNY ISLES BEACH ~A~ . Jane Hines, CMC, City Clerk B~/4A'~// /I.Norman s. Edelcup 'qCity Attorney - C0607-094 KMR Construction Management. lnc. Services Agreement 8 SIB . " 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 Comer of 1720d 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: ~ 1:1::: Pre~dent KMR Construction Management, Inc. 2042 Madison Street, Hollywood, Fl 33020 954-342-3400 - 954-342-3404 fax - I - Attachment "8"\ B KMR Construction Management, Inc. Proposal Date Proposal Submitted: OS/24/07 Client Information: Mr. Rick Conner and Mr. Clayton Parker Sunny Isles Beach, Engineering and Public Works Director AND Building Official 1 8070 CoIlins Ave. Sunny Isles, FL 33160 Project Information: Location: Town Center Park Restroom Address: NW Corner of I 72nd 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: kraffertvrmbellsouth.net MImi - A. Lauderdale D 2042 Madison SlTeetO Hollywood, Florida 33020 D 888-299-3622 D 248-299-9233 fax - I - s\B Additional Project Information Proposal A. Site Plan and Survey - 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 location of the rest room facility, and the survey must show any and all underground utilities, irrigation and all set back and easements. B. Project Manager- We will assign a Project Manager to the job that will be responsible for property communication, property notices, safety meetings, job scheduling, etc... C. Days Required to Start Design, Build and Completion _ · 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 commences we need 14 calendar days to complete said project. D. Payment Scbedule- · 25 % due upon acceptance and signing of contract 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) Milwni - A. Lauderdale D 2042 Madison Street{] Hollywood, Florida 33020 a 888-~3622 a 248-~92J3 fax - 2 - <s\~ 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 of Insurance 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 Section · 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 - S 20,514.00 Twenty- Thousand, Five Hundred and Fourteen DoUars. Warranty Information: Warranty shaD commence for a 1 year period after The Certificate of Completion is issued. M8ni - Fl Lauderdale [J 2042 Madison StIeetO Hollywood, Florida 33020 a 888-299-3622 a 243-~233 fax - 3 - s\~ Alternate # 1 Add $ 750.00 to contract proposaJ, should you require KMR to bolt down and anchor the pre-engineered building (electrical grounding by others) A, ersigned heJeb2ccepts and agrees to the prices, specifications and conditions indicated above. ~ I~ /~ - Jb?/~ Norman S. Edelcup, Mayor Kevin M. erty City of Sunny Isles Beach KMR Construction Management, Inc l.tlaif07 Date I ..,s-- J.)'- 0 7 Date MiMli - Fl Lauderdale 0 2042 Madison Street(] Hollywood, Florida 33020 0 886-299-3622 0 248-299-9233 fax - 4 - s\~ CHANGE ORDER KMR Construsction Manangement, Inc. 2042 Madison Street Hollywood. FL 33020 C.O.# 'I DATE I Job# '.' <.'3J20Gi JOB NAME City Of Sunnv is-ics Bell. Town (el1tf'! ORIGINAL CONTRACT AMOUNT AMOUNT APPROVED THIS CHANGE $9,40'l.5S NEW CONTRACT AMOUNT TO: City of Sunny Isles Beach 17200 Collins Ave Sunnyls~s, R33160 CHANGE DESCRIPTION: Equipment. labor anf matrial needed to bring area up to grade for new foundation (M,S.L. floor to be 7.0+) Fill Required to date 70 CY Equlpment Labor Subtotal Overhead & Profit Total Due $1,960,04 $1,154.06 $4,720,56 $7,834,66 $1,566,93 $9,401.59 Total amount now due and payable Nine Thousand Four Hundred, One Dollar and Fifty-Nine Cents ($9401.59), Please make check payable to KMR Construction Management for the amount stated. Total this Change Order: The Work covered by this Change Order shall be.performed under the same Terms and Conditions as that included in the Original Contract ,.- .'~' .:~ CHANGE A~ROV~D '1~{ " .-..{.,.... ..'::...,:- ,~ )_.H ....,.t~- .~....,~ ..ijj:":'-'l...,,f .:;.- KMRfConstruction Management, Inc. ;K~' Date:~'''J'I' '7(, if C '7 ,.. ,", Date: AttaChments: Labor Breakdown Material and Equipment Invoices Exhibit "B" s\<9 KMR Construction Management, Inc. Labor break down to raise and bring foundation up to grade. EmDlovee Hours Rate Cost Scott Harris 32 $37.50 $ 1,200.00 Wally Carter 38 $33.69 $ 1,280.22 Willie Heffernan 38 $33.69 $ 1,280.22 Michael Rafferty 18 $17.78 $ 320.04 Kyle Rafferty 18 $17.78 $ 320.04 Andre Rodriguez 18 $17.78 $ 320.04 2042 Madison Street, Hollywood, FL 33020 954-342-3400 - 954.342-3404 fax s\~ , 07-20-'07 08:53 FROM-SOUTH DADE LIGHTING I I I SANTA MAAJA TRUCKING. INC. II 18370SW212STl\EET MIIWl, FL 331t17 ! Pt1. (30!) 232-681' FAX (ZOS) :rn6I4O 3052331861 T-309 P001/001 F-873 INVOICE INIIOICE NO. INIIOIQ; DATe 200701 07/19/01 B KMR CONSTRUCTION I 2042 MADISON STREET L HOLLYWOOD. Fl 33020 L T ATTN: KEVIN o J CITY OF SUNNY ISLES BEACH o 17200 COLLINS AVE. B SUNNY ISLES, FL ~ )~~~~ ~.' :;~~< \';T:::E~~~?J,?~:~~;1;~};~~~~n~,:;.:;;:'~ 1.?:~.~'~:.e.t :tt.~;;,~,J<'}.~~~'.. ~ .., '. .: ",."_ .. ~', .;~~1':~;~:.;~.~,':' ~{;V:~f~~.:;:)~~~~:~~c~,r:?;/~;:( ,::::::: .y):~ ::.~ ~~:; ,~~ t~;~:r;;!.:r :~/,~ ~'i :::'.:: ~~ :'';: '. 2LDS OF FILL @ $220 PER LOAD $ 440.00 5HRS DUMP TRUCK RENTAL @ $55 PER OUR S 275.00 1 HR TRAVEl. TIME FOR DUMP TRUCK ENTAL @ $55 PER HOUR ~ 55.00 4HRS BOBCAT RENTAL @ $60 PER HOU $ 240.00 1 HR TRAVEL TIME FOR BOBCAT RENT l @ $60 PER HOUR $ 60.00 4HRS lOADER RENTAL @ $70 PER HOU $ 280.00 1 HR TRAVEL TIME FOR LOADER RENT L @ $70 PER HOUR $ 70.00 $ 1.420.00 4, '\ '() ~') \ n';\le!,!~I~~~~'j:P!l" 0i.J~O Pembn::;keRc;id h.~'i !f1.4\~;"L;r~'. Fl~C~R! [1/\ 33023 ". -iy..o> IE' ~~"i.<J, \, QP,,':l-120S ; , lHJ c'';' I,~.J ".; .., ....."7' ~..... [ I ~~.. I;. V r L' L ~. v. k ,~~ ....~ ':.~ ,j ':.~lj ':1 ;] 3 V 6Zf"~\ '1 RECEIVED BY I L{.. . o>~;: , .:;.~ All claims and returned goods MUST be accompanied by this bilL - ,:;~ . ,3 c. ~ 85 .~TORecrc1er:iHANK. ',?'J 'OJ _ rrirv:'2".63eD O' -i<ot.,., coin . YOU""';, ~\_ .. .~ ..' L..._..... 'j I --'- -.- -",- . '. ~I~-'; ;.G:(;j,~J \ ~~"':~I,.'t..~I::::lf':' ~ Fil}",~ff~ ~k'~ '0;.1'" SOLD BY i: l.~. l /)? " ~-: l,_ ",<. ( t.. t \, [ r ,. ~. \. i 3( . GJo' --- '. . c'llf 20 All claims and returned goods MUST be accompanied by this bill. . .'1 f.t:'''E!J Tl') ~eDrrlcl: THANK';~ RECEIVED BY -- ,.- , """ ," . .~~ .... ,~; ".""{ " .., 'j :1 :~ ,i "", :j ;i ',j .',1 "=:: "':J j il ) . o6>H '.1 '::'~:{ .:,;,~ ",'\ ~'<! -,,' .., "':,1 .;.;' '.\ i j '1 'J 1 1 .1 , J :, .1 'l ":j .J '1 ':~~ .' ')1 ".:' '".:.i.:;i ,.:~ ,.~ '!:j )1 .~ <1 . ,~ .1 l~ ;,j :j rt/e 5H! 1'l 00,';;;\1 . .'jl ;1 ...'.Di :1 /6. 'f'lj , '/. *{/".1 All claims and returned goods MUST be accompanied by this bill. . ";~ 35'651 ~ TOReorder. ',THANK,:;;j !laO'?~5-a~eo or ~r~~ c.om . Y PU.. <I '":J r 'j .. "~ :.;\j . )~ . ','. " ,~ . ..........~~:..,:.:<.~,':~&~<!::~.~.~:t. ., '.: .... .' 8;l4ni2infiS~.,Gir.ddn ,SuppHes 6040 F\.mbrOKeRoaa ['iliFV\ivlAR, FLORlDAq3023 PI'iGne (954) 98J.720a I DATE .-, I'~"o.' ow1 ~~~lJv f ~ S' CHANGE ORDER KMR Construsction Manangement, Inc, 2042 Madison Street Hollywood, FL 33020 C.O.# - DATE I Job# T/;Jj!~~OU~'- JOB NAME C}t~i Of ~;lH'd-!}" tStPS Bch. T(;wr, Cemf'! ORIGINAL CONTRACT AMOUNT AMOUNT APPROVED THIS CHANGE S3~)O .00 NEW CONTRACT AMOUNT TO: City of Sunny Isles Beach 17200 Collins Ave Sunny Isles, FI33160 CHANGE DESCRIPTION: As per instructions from Clay Parker, we had to verify and recalculate the connection of the AE.S. Prefabricated Building to your new foundation in order to comply with the new Florida Building Code, sign and seal drawings, Total this Change Order: The Work covered by this Change Order shall be performed under the same Terms and Conditions as that included in the Original Contract CHANGE APPROVED clion Management, Inc. ,J Date: Date: ,~ S KMR Construction Management, Inca Work Authorization Date: 07/09/07 Owner/Manaaement Company: City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles. FL 33160 Phone: 305-792-1928 Fax: 305-947-5107 Proiect Location: Town Center Part Restroom 17200 Collins Ave Sunny Isles. FL 33160 Proiect Description: Foundation and Slab Scope of Work Fill required to bring foundation up to the proper elevation. Price: $ TBD .payment Terms: Net 10 Days. This document serves as a contract. KMR Construction Management, Inc. will begin to procureiriiiteijals and provide labor for the project described in this document, at agreed upon start date. PI"'!s. contact our office with any ques7~ Costomer Auth~~ization KMR Co ruction Authorization Date )-<..,-\.)'{ Date 2042 Madiscn Street Hollywood, Fl 33020 954-:342-2.400 " 954-342-3404 fex s\~ SHIP T.O ---.1 -- ":""-........1 ..................-- .6..J"-'''--'i.'-.l. Finance Department 18070 Collins Averiue Sunny Isles Beach FL Purchase Order VENDOR NO. City of Sunny Isles Beach 18070 Collins Avenue ~, Sunny Isles Beach, FL 33160 No. Te/:305.947.0606 Fax: 305.949.3113 07-0001381-001 Purchase Order No. must appear on all invoices. corresEondenceyackages,~g pa~. ".-=:lIO~:~Ar..~ ~. ! I . i i DATE 6/29/07 948 VENDOR KMR CONSTRUCTION MANAGEMENT 16400 NE 30 AVENUE NORTH MIAMI BEACH FL 33160 . J j LQI~()l'7O:fl-'7-Lm_____""'__m._i .'.' ...... . . Florida"'S'a~~T~ E5Cem. t No. 23-00-477131-54C I' . " . . , , . -.. . .'. ... III ! . [ i I i i !! 1.00! . .00 EA TOWN CENTER PARK RESTREEOM FOUND~TION 20514.do 20514.00 CONSTRUCTION SERVICES AGREEMENT i ! 20-600.5648 $2051t.OO :DE~!.V.ERY :~E.ol!IR.~D,!,:e.~';;4\tjlJ~.B.!VIS. ~1 r _:~! ," -! 1 I ~( ~ /'.' . 'l... \/Y1vvL..t.. 1/'" 'J+ 1"\ '~7 . -- U; () /~. vV (' '-.7 ..........., ('I f-:cr'jI I. [ . , J - ! , I p~ ~1i!ff 5JP8oS-P ~/!H/o 7 . . . . .................. ......,,0. TOTAL : APAUL Per :T .,', /, I I ) . I) i 'jv,--/tj .mmw~........ .. Departme'tHl3ad .. . ..... ....... .......... _,..............m.............".. JWAT : Budget Ap~Dval _. : ~/ . ,>' I A~"'1'\J~~~ .L}~ .. ...........:............................................Finan~~Qi;~cio.r.............................~....(.m................. 3. Substitutions will not be accepted without prio~~rovar. 14,00 . . m m... . .. R~quisitioned$y . 1. Exempt from local, State, and Federal taxes. 2. C.O.D. or collect shipments will not be accepted. 4, Normal receiving hours are Monday - Friday, 8:30 a.m. to 5:00 p.m. ~) C' . J Produced by Administrative Services 0403/0501 B100 EA TOWN CENTER PARK RESTREEOM FOUNDATION 20514. CONSTRUCTION SERVICES AGREEMENT i 20-600.5648 $2051~.OO SHIP ,10 Finance Department 18D70 Collins Avenue Sunny Isles Beach FL VENDOR NO. 948 VENDOR KMR CONSTRUCTION MANAGEMENT 16400 NE 30 AVENUE NORTH MIAMI BEACH FL 33160 1.00 .00 /", A -t J; l."fnvvL a c>{) P u rc has e 0 r de r City of Sunny Isles Beach 18070 Collins Avenue /0' Sunny Isles Beach, FL 33160 No. Tel: 305.947.0606 Fax: 305.949.3113 07- 0 001381 - 001 Purchase Order No. must appear on all invoices. :,orrespondence, pac~ages, an.ad~. .i.n a ers._. . .:K.lI: j I i . I I I DATE 6/29/07 _,DEL.I~!=_~.x,FE~UIf3~D~~:(l~~~~1icE~MS,.: .~ ':':!iL'., !._._.m...qI~()-l'7(:lfl''7--_J--_m____-'''.m.._ r Florjda"Sam~T~ 'EKeln t No. 23-00-477131-54C 20514.00 -If ot- 06C'71014 P ~J 1) 1'Jf!;$. ') J P 8 :;p b/8f/()7 .. . B~q~isiti()nedBy"" B~al /;\ . ...=:=F.gkd~( ... ..\ 3. Substitutions will not be accepted Withoutpriofapprova,) : I 'k . ...... ..:t~'c~\0j,,-~-- . Citrflllanager.... Tju,t 1. Exempt from local, State, and Federal taxes. 2. C.O.D. or collect shipments will not be accepted. TOTAL 20514.00 . .... .. ....... .... . .. f' ... . 4. Normal receiving hours are Monday - Friday. 8:30 a.m. to 5:00 p.m. Produced by AdmlnlstraJive Services 0403/0501 8100 ('}'" , "1.,' ~~.... ~\, '-I" it.- . ;) CHANGE ORDER KMR Construsction Manangement, Inc. 2042 Madison Street Hollywood, FL 33020 C.O.# 3 DATE I Job# 7/25/2007 JOB NAME City Of Sunny Isles Bch, Town Center ORIGINAL CONTRACT AMOUNT AMOUNT APPROVED THIS CHANGE $4,408.00 NEW CONTRACT AMOUNT TO: City of Sunny Isles Beach 17200 Collins Ave Sunny Isles, FI 33160 CHANGE DESCRIPTION: Sidewalks from new pre-fabricated building to the existing sidewalks Labor, Material and Equipment Total this Change Order: $4.408.00 The Work covered by this Change Order shall be P'lrformed under the same Terms and Conditions as that included in the Original Contract CHANGE APPROVED Date: k2;Fnagement, Inc. Date: ~-,~,~--d '7 ~ 'S' CHANGE ORDER KMR Construsction Manangement, Inc. 2042 Madison Street Hollywood, FL 33020 C.O.# 4 DATE I Job# 8/6/2004 JOB NAME City Of Sunny Isles Bch, Town Center ORIGINAL CONTRACT AMOUNT AMOUNT APPROVED THIS CHANGE $750.00 NEW CONTRACT AMOUNT TO: City of Sunny Isles Beach 17200 Collins Ave Sunny Isles, FI33160 CHANGE DESCRIPTION: Alternate # 1 Add $750.00 to contract proposal to bolt down and anchor the pre-engineered building Total this Change Order: F5000 The Work covered by this Change Order shall be perfonned under the same Tenns and Conditions as that included in the Original Contract. CHANGE APPROVED Date: Date: ."" " '<:,> S tv! ~ KMR ~~ 7JO- ~~ ~'V? !~ Constr'uction Management~ Inc~ ( . I . \ ' I / I (J i '. " \, \ ; l\,r I., :.' r" "/! INVO~i1!blCL '. ,I ,', Jl~l . ,\Pt)l{()\:\L F()I{ P..\Y'fE\TT Date: 7//1.l{ /07 Sunny. Isles Beach Vendor Name or Number' --f- nil!:- Mr. Rick Conner and Mr. Clayton Park{jr . '. 18070 Collins Ave. I nVOJce Amount: R-D (Q oq. 0 ~ Sunny Isles, FL 33160 Account#: ~$ 7/23/2007 $ S $- Re: Town Center Park Restroom NW Comer of 172nd St. and Collins Ave. Sunny Isles Beach, Florida 331~ 'd Foundation and Slab 2-p{OVC c;YContr. Uobo7 Please let this invoice serve as our formal request for payment on the above referenced --- project. . () _ -1':-;-- /it Ue... ~ . fCe /u.A. L.4 Total amount now due and payable is Twenty Thousand, Nine Dollars an~ Nine Cents. ~ ($20,009.09). A break down of the contract is as follows: $ $ ~ ~ Original Contract Deposit 25% - Paid. Invoice # 2 Balance of Contract Change Order # 1 Change Order # 2 Total Due Now $ 20,514.00 ($ 5,128.50)~ ($ 5,128.50)- $ 10.257.50 $ 9,401.59 ,t .J. f~ Please make check payable to KMR Construction Management, Inc. in the swn of $20,009.09 Respectfully Submitted: ()~ r3~e~UL- Uf\Jp '0, C~ . J).,.", V1 {~ tlL{JV (.- " ~~vt J7' 0 . 2042 Madison Street. Hollywood, F L 33020 954-342-3400 - 954-342-3404 fax Kft, President KMR Construction Management, Inc. \'(1 S