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HomeMy WebLinkAboutReso 2008-1201 RESOLUTION NO. 2008-~O' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE CREATION AND IMPLEMENTATION OF A DOG PARK IN THE SENATOR GWEN MARGOLIS PARK, BASED ON THE FEASIBILITY STUDY CONDUCTED BY ST AFF AND ATTACHED HERETO AS EXHIBIT "A" AND WAIVING THE CITY'S COMPETITIVE BIDDING PROCEDURES FOR THIS PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City has received numerous requests from residents for a dog park in the City; and WHEREAS, the City Commission being desirous of providing such an amenity directed staff to conduct a feasibility study for the creation and implementation of a dog park in the Senator Gwen Margolis Park; and WHEREAS, staff has conducted said feasibility study and finds that a dog park is feasible for the Senator Gwen Margolis Park; and WHEREAS, staff further finds that the total estimated cost for said dog park is $46,275.00 in capital expenses and $27,600.00 annually in operating and maintenance costs; and WHEREAS, staff also finds that (with the exception of the fencing) all services for the dog park will require administrative approval only; and WHEREAS, in an effort to expedite this project, staff has obtained three quotes for the fencing and recommends the quote from B & G Fences, Corp., in the amount of Thirty-One Thousand Seven Hundred Twenty-Five Dollars ($31,725.00) for Model 2; and WHEREAS, the City Commission wishes to proceed with the creation and implementation of a dog park in the Senator Gwen Margolis Park on an expedited basis and waive the City's formal competitive bidding requirements for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Dog Park. The creation and implementation of a dog park in the Senator Gwen Margolis Park, based on the feasibility study conducted by staff, attached hereto as Exhibit "A," be, and the same, is hereby approved. Section 2. Waiver of Competitive Bidding Requirements. The City Commission hereby waives the City's formal competitive bidding requirements for the dog park project. R2008- Dog Park Pilot Program at Margolis Park Page I of 2 Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 ih day of January 2008. ATTEST: .~A:~ Jane A. Hines, cIvic, City Clerk Moved by: V \ CJ1 ~;r~ Seconded bY:('.I)yy\~ tsR~2JN Vote: S....b Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -1,L(Yes) ~(Yes) ~Yes) L/tY es) ~Yes) _(No) _(No) _(No) _(No) _(No) R2008- Dog Park Pilot Program at Margolis Park Page 2 of2 DOQ Park Cost Estimates Item t1. Amount Installation Total Fencing Benches Trash receptacle Water station (simple) Doggi-pots Signage Locks, hardware, mise Sod and landscaping Total Capital 705 linear ft 4 2 31725 included o o 8 8 250 125 480 120 500 160 40 31725 480 in stock-PW installed 120 in stock-PW installed 500 2160 plus shipping 1040 1000 9250 46275 30 pallets Capital options Optional people/dog water fountain Optional perimeter parking Optional pet play stations Total Options Total Capital and Options 3000 30000 10000 43000 89275 Monthlv Annuallv 700 8400 800 9600 * 600 7200 200 2400 2300 27600 Per class Annually 1500 3000 1000 2000 500 2000 3000 7000 5300 34600 O&M costs Daily maintenance (trash and refuse removal) Weekly maintenance (landscaping) Staffing when volunteers are not available Supplies (bags, water, etc.) Total O&M Options Obedience classes Certifications Staffing Total Options twice per year twice per year Total O&M and Options * This area is currently an open mulched area that requires very little maintenance. The addition of the fencing, sod and irrigation will require weekly mowing, edging and occasional irrigation maintenance. Diagramed Aerial of Dog Park Area at Senator Gwen Margolis Park The dog park area would be divided into 2 separate zones, one for large dogs (over 25 pounds) and one for smaller dogs (under 25 pounds). There would be entrances on both ends for all dog sizes to access the dog park area through the "main entrance path". Dogs must remain leashed at all times while in this area. This "main entrance path", shown in white will lead to another set of gates leading to each "small" or "large" dog zone. Once through these gates, dogs may run free without a leash. The proposed, optional parking plan is shown on the perimeter of the park. Sign samples Rules \;71( The Bone Zone ~ Welcome to the Sunny Isles Beach Dog Park, the Bone Zone, at Senator Gwen Margolis Park. For the enjoyment of everyone, please adhere to the following rules: . Access into the Bone Zone must be made from the street. Dogs are still not permitted in the open area of the park. . Dogs must be on a leash at all times until they are safely and securely in either the small dog or large dog section. . Owners must clean-up after their dogs. . Owners must insure that the access gates are fully closed each time they pass through them. . As is the law in Miami-Dade County, no pit bulls allowed at any time. . All dogs must be vaccinated and licensed in Miami-Dade County. A collar and tags should be worn at all times. . Owners may not leave their dog at the dog park unattended. . Children must be accompanied by an adult while in the dog park. · Users of this facility do so at their, and their pets, own risk as this is an open dog park facility. o Owners are legally responsible for their dogs and any injuries caused by them. e Dogs showing aggression towards people or other animals will be removed from the park; animals that exhibit a history of aggressive behavior will not be permitted. . Puppies using the park must be at least four months old. · Dogs in heat are not permitted. Small Dog I Large Dog The Bone Zone Small Dogs Dogs Under 25 Pounds The Bone Zone Large Dogs Dogs 25 Pounds and over -~,,~- ~~ -~ __,......_..~~~. florid,', Mi,.;"<. Hours The Bone Zone Park Hours Monday - Sunday 7:30 AM - 8:00 PM ,..- ~ Florida's Riviera CITY OF SUNNY ISLES BEACH GENERAL ENGINEERING SERVICE AGREEMENT WITH B & G FENCES, CORP. CONTRACT NO: C0708-038 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this ..30 day of ::::$"" AN ()A~" , 2008, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and B & G FENCES, CORP. (hereinafter referred to as "Contractor") whose Federal I.D.# is ~O - 5 c,/()~b Ole, . RECIT ALS WHEREAS, the City wishes to proceed with the creation and implementation of a dog park in the Senator Gwen Margolis Park; and WHEREAS, the City is in need of a contractor to provide furnishing and the installation of a aluminum picket fence six foot (6') high at the dog park adjacent to Gwen Margolis Park in the City of Sunny Isles Beach ("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide these Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to contract with Contractor to provide the Services described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services in a total amount not to exceed Thirty-One Thousand Seven Hundred Twenty-Five Dollars ($31,725.00.00). NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide to the City the Services more fully described in the attached Attachment "A". 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 9 hereunder, the term of this Agreement shall begin upon Notice of Commencement and shall end four (4) weeks thereafter. C0708-038 B & G FENCES, CORP. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305.) 947-0606 phone (305) 949-3113 Fax 4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a proposed fee schedule reflected in Attachment "A". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Services actually performed. The 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. 5. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: ~ 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. 2 C0708-038 B & G FENCES, CORP. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax v HIp. 0 ~ uh jJwr- Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. 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. 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. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within 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 3 C0708-038 B & G FENCES, CORP. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. Under no circumstances shall the City be obligated to compensate Contractor for lost profits, or any resulting or consequential damages. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (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 4 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 payment 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 giving Contractor ten (10) days written notice. The terms of Paragraph 9 A(i) and A(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. 1 O. 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 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. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the 4 C0708-038 B & G FENCES, CORP. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor of the provisions of this Section could cause irreparable inj ury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provIsIons. 12. 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: A. John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)-792-1701 Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 If to the Contractor: Rigoberto Ruiz B & G Fences, Corp. 10936 SW 188 Street Miami, Florida 33157 Tel: (786)-256-9125 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIlI of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 113 75 and 12086. 5 C0708-038 B & G FENCES, CORP. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 phone (305) 949-3113 Fax The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 19. INDEMNIFICATION. 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 arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, or (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 6 C0708-038 B & G FENCES, CORP. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 20. 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 days (10) days written notice to Contractor. 21. 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. (The remainder of this page has been intentionally left blank.) 7 C0708-038 B & G FENCES, CORP. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, 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. BY: Rigobe t WITNESSES: B & G FENCES, WITNESSES: ISLES BEACH anager ATTEST: BY: ~<:)ClM1l~ Jane A'. Hines;CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~ BY:.~ ~A~ ~Hans Ottinot, City Attorney 8 C0708-038 B & G FENCES, CORP. AGREEMENT 13 ~ Ci Fences~ Corp 10936 SW 188 ST - MIAMI, FL 33157 PHONE: (786) 256-9125 FAX: (305) 256-6972 BG_FENCES@IIOTMAIL.COM - WWW.BCiFENCES.COtvl LICENSE NUMBER: 07BS00448 ESTIMATE DATE: NOVEMBER 27, 2007 CUSTOMER NAME: JORGE VERA (DOG PARK ADJACENT TO GWEN MARGOLIS PARK) CUSTOMER ADDRESS: PH: 305.792.1701 FAx/E-MAIL: 305.792.1561/ JVERA@SIBFL.NET JOB DESCRIPTION UNIT UNIT PRICE TOTAL Aluminum Picket Fence (6' H) Modell 705 Ln Ft $ 40.00 $ 28,200.00 Chain Link Black (4' H) Model 1 705 Ln Ft $ 3.00 $ 2,115.00 Total (Modell) tax not included $ 30,315.00 Aluminum Picket Fence (6' H) Model 2 705 Ln Ft $ 45.00 $ ~. ~~ ~ ~ ~ - D ~,IL.~~ Total (Model 2) tax not included $ ( 31,725.00 '- -- Total $ * All Aluminum is .093, Posts are 3x3, Pickets 1 xl, and rails 2x 1. Modell is aluminum wi chainlink at 4' height, Mode12 is 3' pickets in between 6' pickets. Diagrams attached. (4) Pedetrian gates included. First Deposit: $ Second Payment: $ Final Payment: $ B & G Fences Authorized Signature l.J~- Terms: Estimate is good for 30 days. 40% deposit required upon acceptance of proposal. Additional 40%, due upon commencement of installation. Remaining 20% due once final inspection is passed. Additions/Deletions/Modifications in work to be performed may alter estimated cost. Deposit is non refundable once manufacturing commences, permit is in process or purchase of materials whichever is first. If Deposit is to be refunded it will be subject to deduction of all costs incurred in the process of performing job related operations including but not limited to; permit procedures, site visits, materials cost, and $250 administrative fee. ($.50 per mile of travel) Signing of this estimate shall be interpreted as an agreement between customer and B & G Fences and binds both parties. Customer signature authorizes B & G Fences to proceed with work. And guarantees payment of work stated in estimate. In case of customer refusing to pay any portion of above agreed amounts and legal representation is to be sought out by B & G Fences, customer shall be responsible to pay such fees in addition to remaining balance. A TT ACHMENT " A" Modell (chainlink) ----t,'----- 6' 4' / 4" ]" '="- 05-08-2007 ALEX SINK ST ATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * "CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 05/08/2007 EXPIRATION DATE: 05/07/2009 RIGOBERTO SR PERSON: RUIZ FEIN: 205405629 BUSINESS NAME AND ADDRESS: B & G FENCES CORP 9905 NW 116 WAY #109 MIAMI FL 33178 SCOPES OF BUSINESS OR TRADE: 1- FENCE ERECTION IMPORTANT: pursuanl to Chapter 440 . 0&(14), F.S., an olticer 01 a corporalion who elects exemption Irom this chapter by Iiling a certilicate 01 election under this section may not recover benefits or compensation under this chapler. pursuant to Chapter 440.0&(12), F.S., Certilicates of election to be exempt... apply only within the scope 01 the business or trade lisled on the notice 01 election 10 be exempt. pursuanl 10 Chapler 440.0&(13). F.S., Nolices 01 election to be exempl and certificates 01 election to be exempt shall be subject to revocation ii, at any time alter Ihe tiling 01 Ihe notice or Ihe issuance 01 the certilicate, the person named on Ihe notice or certilicate no longer meets Ihe requirements 01 this seclion lor issuance 01 a certilicate. The department shall revoke a cerlitieate at any time lor failure 01 Ihe person named on the certificate to ~eet the requirements ot this section. QUESTIONS? (SSO) 413-160 DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 ]-., --. 05-08-2007 ALEX SINK STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION -:- "fhis certifies that the individual I isted below has elected to be exemp~from Florida Workers' Compensation law. EFFECTIVE DATE: 05/08/2007 EXPIRATION DATE: 05/07/2009 PERSON: RUIZ FEIN: 205405629 BUSINESS NAME AND ADDRESS: B & G FENCES CORP 9905 NW 116 WAY #109 MIAMI FL 33178 RIGOBERTO JR SCOPES OF BUSINESS OR TRADE: 1- FENCE ERECTION IMPORTANT: Pursuant to Chapler 440 . 05(14). F.S., an officer of a corporation who elects exemption from this chapter by filing II terlificate of election under Ihis section may nol recover benefits or compensation under this chapter. Pursuant to Chapler 440.05(12), F.S., Certificates of election to be exempt... apply only withir. the scope 01 the business or Hade listed on the nolice of election to be exempt. Pursuant to Chapter 440.05(3), F.S., Notices of election 10 be exempt and certificates of eleclion to be exempt shall be sub jett to revocation if, at any time after the filing of the notice or the issUllnce of the certificate, the person named on the notice or certificate no longer meets the requirements of this section lor issuance of a cerlifitate. The department shill revoke a certlflclle at IOY time for 'ailure of the person named on Ihe cerrifica.e to meet the requirements of this section. QUESTIONS? (850) 413-16 DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 A CORDnI CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 1/29/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STATEWIDE INSURANCE CONSULTANTS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 11354 Quail Roost Dr HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami, FL 33157-6524 (305)233-6638 INSURERS AFFORDING COVERAGE NAIC# INSURED B & G FENCES CORP INSURER A: AMERICAN VEHICLE INS COMP INSURER B: 10936 SW 188 ST INSURER C: MIAMI, FL 33157 INSURER 0: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR UlO'L TYPE OF INSURANCE ~~Y~rM~b5~YE P8.k+~~J~~~~J}~N LTR NSRO POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1 QOO.OOO ~ ~~MERCIAL GENERAL LIABILITY PREMISES 'E~t:o~~nce\ $ 100.000 I-- _I CLAIMS MADE ~I OCCUR MED EXP (Anyone person) $ 5,000 A I-- GL-0510025962 01/30/08 01/30/09 PERSONAL & ADV INJURY $ 1,000.000 I-- GENERAL AGGREGATE $ 2,000,000 fr AGGRnE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000.000 PRO- II POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) I-- I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUT OS (Per person) - - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ =1 OCCUR [] CLAIMS MADE ,~ AGGREGATE $ - $ LI DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I ~~~IfUNs I 10lt ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPR1ETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ ~~~Sc?:~~~~~r~t6NS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS FENCE INSTALLER - r-- CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED .;. CERTIFICATE HOLDER CITY OF SUNNY ISLE BEACH 18070 COLLINS AVE SUNNY ISLE BEACH, FL 33160 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLlGATIO'~ OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ORATION 1988 '-,,"- I ACORD25(2001108) B ~ G- Fences~ Corp 10936 SW 188 ST - MIAMI, FL 33157 PHONE: (786) 256-9125 FAX: (305) 256-6972 BGJENCES@HOTMAIL.COM - WWW.BGFENCES.COM LICENSE NUMBER: 07BS00448 ESTIMATE DATE: NOVEMBER 27, 2007 CUSTOMER NAME: JORGE VERA (DUG PARK ADJACENT TO GWEN MARGOLIS PARK) CUSTOMER ADDRESS: PH: 305.792.1701 FAX/E-MAIL: 305.792.1561/ JVERA@SIBFL.NET JOB DESCRIPTION UNIT UNIT PRICE TOTAL Aluminum Picket Fence (6' H) 705 Ln Ft $ 45.00 $ 31,725.00 Total (Model 2) tax not included $ 31,725.00 Total $ ;\, -::rz")-,u(.. * All Aluminum is .093, Posts are 3x3, Pickets lxI, and rails 2xl. Model includes 3' pickets in between 6' pickets. Diagrams attached. (4) Pedestrian gates included. First Deposit: Second Payment: Final Payment: $ 12,690.00 $ 12,690.00 $ _6,345.00 12, (pqO. ~ . B & G Fences Authorized Signature ~0k- ~/~ Terms: Estimate is good for 30 days. 40% deposit required upon acceptance of proposal. Additional 40%, due upon commencement of installation. Remaining 20% due once final inspection is passed. Additions/Deletions/Modifications in work to be performed may alter estimated cost. Deposit is non refundable once manufacturing commences, permit is in process or purchase of materials whichever is first. If Deposit is to be refunded it will be subject to deduction of all costs incurred in the process of performing job related operations including but not limited to; permit procedures, site visits. materials cost, and $250 administrative fee. ($.50 per mile of travel) Signing of this estimate shall be interpreted as an agreement between customer and B & G Fences and binds both parties. Customer signature authorizes B & G Fences to proceed with work. And guarantees payment of work stated in estimate. In case of customer refusing 10 pay any portion of above agreed amounts and legal representation is to be sought out by B & G Fences. customer shall be responsible to pay such fees in addition to remaining balance. TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Susan Simpson, Cultural and Human Services Director January 17,2008 Proposed Dog Park RECOMMENDATION: It is recommended that you consider the attached resolution to create a dog park area at Senator Gwen Margolis Park. This pilot project will be reassessed after 3 months. REASONS: At the November meeting, the City Commission discussed the possibility of creating a dog park area at Senator Gwen Margolis Park. Staff was instructed to report back to the Commission regarding the feasibility of such a project at that location. Attached is a detailed aerial map of the location that is being considered, along with a budget which includes the Capital costs as well as the Operating and Maintenance costs for this project. In sum, the total cost for a 'bare bones' dog park is $46,275.00 in capital expenses and $27,600.00 in annual O&M costs. The entire dog park area will be approximately 18,000 square feet including entrances and walk paths. The first phase of the project, the fencing, initial amenities and landscaping, could be physically completed within 2 months of notice to proceed. The actual opening would be dependent on the recruitment of volunteers and/or contracting the maintenance of the dog park area which we expect would be accomplished within the same 2 months. To be completed by Department Head To be completed by City Clerk's Office Funding available: Approval: Agenda Item No.: Finance Department City Manager Commission Meeting Date: Dogpark 011708 In an effort to expedite this project, staff has obtained three (3) quotes for the fencing. B&G Fences, Corp. has provided the lowest quote at $31,725 for option 2, the design that staff is recommending. Further, the City Manager is requesting that you waive the formal bidding process for this project due to time constraints. Funds are available for this project in the contingency fund. If approved, staff requests that you also approve a budget transfer in the amount of $46,275 from the contingency account into account number 20.600.56'17 (Margolis Park) for the entire capital outlay for this project ADDITIONAL INFORMATION: The second phase would include the optional perimeter parking at Senator Gwen Margolis Park and is estimated to take an additional 2 to 3 months depending on the procurement process and is estimated to cost $30,000.00. (This figure is shown in the Capital Options portion of the attached budget.) The opening of the dog park does not have to be contingent upon the completion of this phase but is considered an important factor as it will provide parking for the dog park without adversely affecting the parks neighbors. If successful, other items for consideration would be a multi-level water fountain to serve water to both people and their pets, additional benches and trash receptacles and pet recreation equipment such as climbing and balance equipment. Additionally, if there is interest, the City could offer educational sessions to dog park users such as obedience classes or certification courses. These additional accessories and services are included in the attached budget under options. An estimated $20,000.00 could accomplish all of the above. In the event that the dog park is not successful, the fencing that is proposed, and the greatest portion of the budget, can be removed and used at an alternate location. Finally, for your reference, attached is a sample of the rules, signs and operating hours. Attachment: Budget Detailed aerial view of dog park location Sign samples (rules, hours, small dog/large dog) City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: Susan Simpson, Cultural and Human Services Director FROM: Priscilla Walker, CMC, Deputy City Cler?t.D~ DATE: January 23,2008 RE: Approval of Dog Park in Margolis Park At its regular meeting of January 17,2008, the City Commission adopted Resolution No. 2008- 1201, which approved a dog park and fencing ($31,725) for the Senator Gwen Margolis Park. Attached is a copy of the approving legislation to assist you in processing these items. Thank you. Ipw Attachments cc: Anice Paul, Administrative Assistant to Finance Department Dog Park In Margolis Park Approval Trans Memo City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3 1 1 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans OUinot, City Attorney Jane A. Hines, CMC City Clerk February 5, 2008 Mr. Rigoberto Ruiz B & G Fences, Corp. 10936 SW 188 Street Miami, FL 33157 Dear Mr. Ruiz: Enclosed is an original executed agreement with B & G Fences, Corp., to provide furnishing and the installation of fencing at the dog park adjacent to Senator Gwen Margolis Park in the City of Sunny Isles Beach. Thank you. Sincerely yours, ~l\~ Jane A. Hines, CMC City Clerk Enclosures c: Jorge Vera, Assistant City Manager Rick Conner, Public Works Director Susan Simpson, Cultural and Human Services Director