HomeMy WebLinkAboutReso 2010-1591
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RESOLUTION NO. 2010-l..S..9l
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH AWNINGS OF HOLLYWOOD, INC. TO
FURNISH AND INSTALL A COVERED WALKWAY FOR
PELICAN COMMUNITY PARK, IN AN AMOUNT NOT TO
EXCEED TWENTY-FOUR THOUSAND NINE HUNDRED
DOLLARS ($24,900.00), ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is aware that patrons visiting Pelican Community Park do not have
any cover from the weather when entering the facility from the outside; and
WHEREAS, due to the health, welfare and safety of residents and visitors alike, the City
is providing a covered walkway for the patrons to be able to take cover from the weather; and
WHEREAS, the City is in need of a contractor to furnish and install a covered walkway
at Pelican Community Park; and
WHEREAS, staff obtained three proposals for the shade cover and recommends the
proposal from Awnings of Hollywood, Inc. in the amount of Twenty-Three Thousand Seven
Hundred Forty Dollars ($23,740.00) and One Thousand One Hundred Sixty Dollars ($1,160.00)
for unexpected costs for a total not to exceed Twenty-Four Thousand Nine Hundred Dollars
($24,900.00), to provide and install a shade structure over the walkway at Pelican Community
Park, attached hereto as Exhibit "A"; and
WHEREAS, Awnings of Hollywood, Inc. expressed the ability and desire to provide
these services subject to the terms and conditions contained in its proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement with Awnings of Hollywood, Inc. in the
amount of Twenty-Three Thousand Seven Hundred Forty Dollars ($23,740.00), and One
Thousand One Hundred Sixty Dollars ($1,160.00) for unexpected costs for a total not to exceed
Twenty-Four Thousand Nine Hundred Dollars ($24,900.00), to provide and install a shade
structure over the walkway in Pelican Community Park attached hereto as Exhibit "A" and the
same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Agreement.
R201O- Awnings of Hollywood PCP Walkway
Page 1 of2
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of July 2010.
ATTEST:
nJ~
~JAL
Jane A. Hines, CMC, City Clerk
D tS TO FORM AND
~IIENCY
,/~
ttlnot, City Attorney
Moved by: C()M~ ~'E..'z..ltJ
Seconded by: ~1'YV\rV\.a~~ <;:'c.\-\ oU-
Vote: S-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
0Y es)
~Yes)
~(Yes)
~(Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2010- Awnings of Hollywood PCP Walkway
Page 2 of2
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH AWNINGS OF HOLLYWOOD, INC.
CONTRACT NO. C0910-051
THIS CONTRACTUAL AGREE ENT (hereinafter referred to as the "Agreement") is
made in duplicate, this "dq day of , 2010, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereina er referred to as "City"), and AWNINGS OF
HOLL YWOOD, INC. a corporation authorized to do business in the State of Florida
(hereinafter referred to as "Contractor") whose Federal LD. # is (;;5 ~ 0 J./ tj c; 8'9 ><
RECIT ALS
WHEREAS, the City is in need of a contractor to furnish and install a covered walkway
for Pelican Community Park, located at 18115 North Bay Road, Sunny Isles Beach, Florida
("Services"); and
WHEREAS, Contractor has expressed the ability and desire to provide theses Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to contract with Contractor to provide the Services, as more
fully described in Attachment "A" which is attached hereto and made a part hereof; and
WHEREAS, staff obtained three proposals for the shade cover and recommends
the proposal from Contractor in the amount of Twenty-Three Thousand Seven Hundred Forty
Dollars ($23,740.00) and One Thousand One Hundred Sixty Dollars ($1,160.00) for unexpected
costs for a total not to exceed Twenty-Four Thousand Nine Hundred Dollars
($24,900.00), to provide and install a shade structure over the walkway at Pelican
Community Park, attached hereto as Exhibit "A".
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, 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 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
C091O-051 AGREEMENT
~'B
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
undertake the completion of performance of Services, Contractor agrees to indemnify the 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. 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 no later than 90 (Ninety) days from issuance of Notice to Proceed from City
Manager or his Designee. Payment will be made only for work completed to the satisfaction of
the City. Contractor is to commence performance of work on the Issuance of Notice to Proceed
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 19 and 20 entitled "Indemnification and Waiver of Liability," and
"Compliance with Law," respectively, shall survive termination of this Agreement.
4. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Attachment "A" and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. 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.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
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
C091O-051 AGREEMENT
2
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event
the Services are not complete within 90 (Ninety) days from the issuance of Notice to Proceed
from City Manager or his Designee, and in the absence of any extended calendar days granted by
City, then the Contractor shall be required to pay a liquidated damage penalty of $300 (three
hundred dollars) for each calendar day beyond the 90 (Ninety) day period, continuing to the time
at which the Services are complete. Such amount is the actual cash value agreed upon as the loss
to City resulting from Contractor's delay. Additionally, the City shall also be entitled to
withhold 50% of the total Compensation to be paid to Contractor until final completion and
acceptance of the Services.
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:
C091O-051 AGREEMENT
3
I
'" I .
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
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 A.M. 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.
Contractor shall also require and ensure that each of its sub-Contractor(s) providing services
hereunder (if any) procures and maintains, until the completion of the services, insurance of the
types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
MUST BE APPROVED 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
C091O-051 AGREEMENT
4
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~ L I
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
default. If the default remains uncured after ten (10) days the City may terminate
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.
1. 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.
11. 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 A(i) and
A(ii) above 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.
10. 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,
C09 I 0-051 AGREEMENT
5
\ 11 \
..
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury 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: Rick Conner With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor: Martina Robinson, Design and Sales
Awnings of Hollywood, Inc.
5828 Washington Street
Hollywood, Florida 33023
Tel: (954) 963-7717
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 VIII
of the Civil Rights Act of 1968 as amended, Title I 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 11375 and 12086.
C091O-051 AGREEMENT
6
0'
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(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
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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,
directly 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, including
any attachment hereto.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties,
and may be amended, waived, changed, modified, extended or rescinded only by in writing
signed by the party against whom any such amendment, waiver, change, modification, extension
and/or rescission is sought.
19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
C091O-051 AGREEMENT
7
~
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional Services performed under this Agreement.
The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the
performance of this Agreement including any person for whose acts, errors, mistakes or
omissions the Contractor may be legally liable.
The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the
Contractor for the indemnification set forth in this Agreement.
20. 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, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
21. 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 .
22. MISCELLANEOUS.
A. In the event any prOVlSlon 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. 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.
C091O-05 I AGREEMENT
8
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 III
duplicate on the day and year first written above.
WITNESSES:
~~--?he~
Signature
AWNINGS OF HOLLYWOOD, INC.
m,4K 77/'1/1 m RO~/n/'I'?/,"",
Print Name
~~
;tit~
Lbll: :r !ioYY)?}r!
Print Name
ATTEST:
B~LL.."
Jane A. Hines, CMC, City Clerk
CITY OF SUNNY ISLES BEACH
J
C091O-051 AGREEMENT
9
5828 Washington Street,
Hollywood. Fl 33023
(954) 963-"11
(954) 983-1600
North Broward (954) 1~4184
Fax (954) 963-0519
South Florida's Highest
Quality Awnings
1996/97 International Awning
AchifMlmel"lt Award
Members of CMD, IFA! and
Construction Association
A""'"
Will
July 2, 2010
City of Sunny Isles Beach
Joel Wadsworth
18070 Collins Avenue
Sunny Isles Beach, FL
305-986-9214
iwadsworth@calvin-aiordano.com
RE: Awning Quote - Pelican Community Park, Walkway Canopy
Please take a few minutes to review the information contained herein. I am confident that you will be
impressed with our work. We recognize that estimates are rarely based upon the same level of
workmanship and materials. Our quality and attention to detail makes a difference. We offer a
degree of reliability that can be expected from three generations of unsurpassed results and service.
We sincerely appreciate your time and consideration. AWNINGS OF HOLLYWOOD IS YOUR
ASSURANCE OF A QUALITY AWNING COMPONENT.
Fixed awning frames, fabricated by us, are certified by an engineer to comply with the latest building
code release. The framework is designed to withstand winds in excess of 146 miles per hour with the
cover removed. Cover on, it is certified to take sustained winds of up to 75 miles per hour and up to
90 mile per hour three second gusts. After nearly 40 years in business we can proudly say that our
frames are built to last for decades. Thank you for allowing Awnings of Hollywood to bid on your
awning project, your quote is as follows:
NEW WALKWAY AWNING - REGULAR AWNING FRAME - NON WATERPROOF COVER: We propose to
field verify, engineer, permit, manufacture, and install one new walkway awning. New frame will be
manufactured from American made Gatorshield steel - painted in your choice of colors - and will be
capable of supporting your choice of a regular (waterproof) canvas or vinyl cover in the future should
that be desired. The frame will be U-shaped with an overall width of about 56' and extend 23'
towards the main entrance on the north side and about 34' on the south side. The frame will be an A-
Frame design with one Lean-to section by the wall at the center of the path. Overall width of the
walkway itself ranges from 11 '2" to 12'. The seven legs will be set into footers off the existing pavers.
The frame will be supported from the walls above the two entrances and by the center wall beside the
long section of the path. The cover will be made from Ferrari Soltis 92 Precontraint Fabric in sections
approximately 20' - 25' long - rather than in one piece - to make removal In the unlikely event of a
hurricane easier for the park maintenance staff. Ferrari Soltis is NOT WATERPROOF. It is a shade
fabric. Rain will come through it.
· Cost as described is $23,140, plus $600 for the required engineering and cales for a total of
$23,740* .
*Permitting, & Processing fees will be billed~. (Processing fees will be billed at $55 per hour,
and the city permit fees at cost.)
FraminG Product
· All metal will be 50/55 Gatorshleld by Allied Tubing unless otherwise specified. This cold rolled
tubing is zinc coated (galvanized) on both the inside and outside walls with 99.99% pure zinc
making the galvanizing layer virtually lead-free. There is also a conversion coating and a clear
polymer top coat to further assist the zinc with corrosion inhibition.
RESIDENTIAL. CUSTOM FABRIC STRUCTURES. COMMERCIAL
Retractable Awnings . Pool & Patio Canopies · Interior & Exterior · All Styles & Colors
CC 86.4393.AE.X
ATTACHMENT "A"
Page t of2
.......IJ
· All framing members to be joined by mig welding (wire feed) by a certified welder.
· Each framing member and all pipe ends are to be mitered or coped appropriately to provide a
tight clean fit.
· Welds that interface with the vinyl shall be ground smooth and deburred.
· Each framing member will be primed with a zinc and epoxy based primer at the junctions (In
effect, re-galvanizing the welds) and have an even coat of paint over the entire frame.
· No smashed pipe ends or open pipe ends allowed.
Cloth/Vlnvl ADDlication
· Cloth/Vinyl will be installed tight and free of wrinkles, sagging, or puckers. All panels will be
equal in tension and quality.
· Cloth/Vinyl will be installed with a lace on process in which the awning is attached with a nylon
rope assembly through brass grommets around the tubular construction. Rear of the awning
will have a channel (track) In which the awning material slides into.
· All sewing connections will have a color coordinated stitching process. All sewn seams are
warranted for a one year period. Optional lifetime warranty is available with an upgrade to
Tenara thread.
· All fabric or vinyl products shall be warranted for a period of five (5) years from the date of
installation, provided covers are removed as required by the Florida Building Code in the
unlikely event of a hurricane. Warranty covers excessive fading, cracking, or discoloration.
Installation
· Installations shall be structurally sound, level, and comply with drawings and manufacturers'
recommendati ons.
· Fasteners will be appropriate for the mounting substrate, and separated not more than 3'-0"
on center.
· After installation of framing we will touch up any damaged finish on frame to match color as
specified.
· All work will be monitored and supervised by an English-speaking representative at all times.
If you need further Information, please do not hesitate to contact me at 954-822-6440. Thank you
again for ChOOSing Awnings of Hollywood for your entire awning needs.
Regards,
Martina Robinson
Design & Sales
RESIDENTIAL . CUSTOM FABRIC STRUCTURES. COMMERCIAL
Retractable Awnings. Pool & Patio Canopies · Interior & Exterior. All Styles & Colors
CC 86.4393.AE-X
Page 2 of2
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PROPOSAL / ORDER FORM
City of Sunny Isles Beach
Att": Marlen Martell
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Phone: · Fax:
E-mail: mmartell@sibfl.net
i;Jil;l
TF: 800-525-0207 · 772-288-3600 w.!I.
Fax: 772-288-0207 ~
info@rcpshelters.com . http://www.rcpshelters.com
RCP SHELTERS, INC.
2100 SE Rays Way. Stuart, FL 34994
Ref: 197.FS.GI064-08
Date: 3.15.10
Prepared by: Bob Ritter. Bob@rcpshelters.com
COMMUNITY PARK - SUNNY ISLES BEACH, FL
ITEM QTY RCP SHADE DESCRIPTION - PER RCP SPECIFICATIONS &. PLANS PRICE
Model "FS-G1064-08-10P-WP"
10' x 64' Gable Walkway Shade Shelter
Clear Hei ht: 8'
Model "FS-G1221-08-6P-WP"
12' x 21' Waterproof Gable Walkway Shade Shelter
Clear Hei ht: 8'
Please circle Be add in the price column if required:
1. Add +$ 750 for FL certified engineer's seal on drawings.
2. Installation Item A (permitting costs not included
3. Installation: Item B (Permitting costs not included)
4. EZ-OFF Connections Item A
5. A EZ-OFF Connections Item B
Add $ 250 for calculations if required
120 mph Frame Wind Load. Tops to be removed if wind to exceed 90 mph
Live Load 0 psf, Snow Load 0 psf
A
1
B
1
ADDS
DESIGN
CRITERIA
$ 16,665
$ 8,995
$ 750
$ 10,200
$ 5,600
$850
$510
FREIGHT
$ 825
Unloading by customer. Driver will call at least 24 hours before delivery to arrange
delivery. A crane or forklift will be required. Please utilize NON-MARRING padded
slings, block off ground, and cover all materials to protect from the weather.
SALES
TAX
TOTAL
Delivered Cost
Add for FL or CA sales tax, or provide tax exempt certificate
$ 44,395
INCLUDED:
. Standard connections
. Shop Drawings: Includes foundation design
. Frame: Powder Coat Primed & Finished Painted
Steel
. Ferrari 502 Fabric
. Hardware: all required fasteners
. Delivery: to an accessible site
NOT INCLUDED:
. Unloading (unless Installation provided)
. Concrete
. Concrete embedment (anchor bolts, WWM, rebar)
. Installation (see options)
NOTES:
. Prices valid 30 days
. Prices subject to change if shipment not taken
within 120 days of order.
. Orders are not subject to cancellation
. Please allow 2-3 weeks for engineered drawings
after receipt of order
. Please allow 4-6 weeks for fabrication after receipt
of approved drawings
Installation prices are based on well prepared, level site with clear access for equipment and
truck unloading. Assumed minimum soil capacities are 2000 psf Bearing and 150 psf lateral.
Provisions for digging through hardscape and / or cutting and removing existing concrete will
result in additional charges. Any underground obstructions (rock, water, utilities, etc.) are not
factored In and will result in additional charges. RCP is not be responsible for any damage to
underground utilities, water lines or access damage due to required equipment (ie. Sod,
broken concrete, etc.).
TERMS 8r. CONDITIONS:
MC/VISA!AMEX accepted (no discount)
. 10% w!order, 20% w! approved draWings
. Balance net 30 available WAC or LOC
. 3% discount for moneys received w! order
. 2% discount for moneys received before shipment
. Government Agencies - 1% 10 days, net 30 days
Accepted By:
./
Title:
Date:
Page 1 of 2
Ball Fabric S1nJctures,lnc.
Date: February 22, 2010
Quote: 10-1332
To: Sunny Isles Beach, City of
18070 Collins Ave.
Sunny Isles Beach, FI 33160
Attn: Marlen Martell
From: Larry Ball
Re: City of Sunny Isles Beach Shade Structure Quote
-
420 Hamilton Avenue
Deland, FL 32724
Toll Free: 866.360.1008
Telephone: 386.740.7212
Fax: 386.740.7602
The following is a quotation for the supply and installation of the shade structure for the
Community Center in Sunny Isles Beach, Fl.
30' x 58' x 14' SuperSpan Shade Structure
Ez-OffQuick Release System *Optiona1
Installation
Certificated Engineer Drawings * Add $250.00 if Calculations Required
Pennitting
Shipping
Sales Tax (6%)
Total
$ 15,365.00
$ 900.00
$ 17,640.00
$ 500.00
$ 750.00
$ 825.00
NA
$ 35,980.00
The above pricing is based on the scope of work and tenns and conditions as described in
this quotation. Thank you for the opportunity to submit our quotation and we look
forward to working with you on this project.
This quote is valid for a period of thirty (30) days from the date noted above.
Scope of Work:
General Description:
Ball Fabric Structures will design, fabricate, deliver and install Shade Structure for the
Community Center in Sunny Isles Beach, Fl.
"Bringing you the finest assets in the Fabric Structure Industry"
Preview
Page 1 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Jorge L. Vera, Assistant City Manager / Service Division
DATE:
7/15/2010
RE:
Canopy cover walkway for Pelican Community Park
RECOMMENDATION:
It is recommended that the City Commission approves the attached resolution for the
installation of a canvas canopy walkway at Pelican Community Park.
REASONS:
It has come to staffs attention that the patrons visiting Pelican Community Park are
exposed to the weather when walking along the sidewalk leading to the community
center building. In order to preserve the health and safety of the patrons visiting the
facility, the City is proposing to install a covered canopy that will protect the patrons
from the weather.
The City obtained three proposals for the fabrication and installation of the canopy.
Awnings of Hollywood, Inc. submitted the lowest qualified proposal of the three. The
cost for the canopy installed is for an amount not to exceed $23,740. Staff has added an
additional $1,160 for unexpected cost associated permits, etc, if needed.
ADDITIONAL INFORMATION:
Tally of Proposals
Awnings of Hollywood $23,740
Ball fabric Structures, Inc. $35,980
RCP Shelters, Inc. $44,395
FUNDING SOURCE:
http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=3 06&MeetingID=0&MeetingDate=... 7/9/2010
Preview
Page 2 of2
Funding for this project come from account # 1 0-700-5723
A TT ACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=306&MeetingID=O&MeetingDate=... 7/9/20 I 0
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RECEPTION
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SETTLEMENT AND MUTUAL GENERAL RELEASE
BETWEEN THE CITY OF SUNNY ISLESBEACH
AND AWNINGS OF HOLLYWOOD
CONTRACT NO. CtOll-074
This Settlement Agreement and Mutual Gcneral Rclcase ("Agreemcnt and
Release") is entered by and between the City of Sunny Isles Beach, located at 18070
Collins Avenue, Sunny Isles Beach, Florida, 33160 (the "City") and Awnings of
Hollywood, Inc. d/b/a American Made Awnings, located at 5828 Washington Street,
Hollywood, FL 33023 (the "Contractor). Collectively, the City and Contractor are
referred to as Parties.
1. The Parties mutually agrce that thc original contract price to the City for
the fabrication and installation of one (I) new walkway awning at Pelican Community
Park in the amount of $23,740.00 (twenty three thousand seven hundred forty dollars)
shall be reduced to a final. revised contract price of $17,645.17 (seventeen thousand six
hundred forty five dollars and seventeen ccnts) inclusive of all costs and fees. as more
particularly set fort in attached Exhibit "^" attached hereto and made a part hereof.
2. The termination of the contract between the City and Contractor for the
fabrication and installation of the walkway awning at Pelican Community Park (City
Contract No. C091 0-051) is conditioned upon the exchange of mutual general releases
which are contained herein and the closing of all permits associated with this contract.
The termination of the contract shall become effecti ve after the execution of this
Agreement and Release and all of the permits have been closed.
3. Now therefore, in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged and conclusively established. the
City and its affiliates, subsidiaries. related entities, of1icers. directors. members, managers.
successors, and assigns (the "Releasing Party") does hereby remise, release. acquit. satisfy
and forever discharge Contractor and its subsidiaries. related entities. officers,
dircctors, shareholders, successors. assigns. agents. (the "Released Party") of and from
any and all manner of all claims, suits, debts. sums of money. accounts, contracts,
controversies, agreements, promises. damages, demands and causes of actions arising or
claimed as arising between the Releasing Party and Released Party with respect to the
fabrication and installation of the walkway awning at Pelican Community Park in the
City of Sunny Isles Beach, Florida (the "Project"), from the beginning of time to the day
of these presents.
4. Now therefore, in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged and conclusively established.
Contractor and its heirs, successors and assigns. and on behalf of its past, present and
future related or affiliated companies. incorporators. shareholders. directors. managers.
officers, employees. agents. insurer. and attorneys (thc "Relcasing Party") does hereby
eIOII.O?.! SITII.EMENT AND MIITUAI. (il:NI'[{AI. [{I:I.EASI:
Page I of 3
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release, remise, acquit, satisfy and forever discharge the City and its affiliates,
subsidiaries, related entities, officers, directors, members, managers, successors, and
assigns (the "Released Party") of and from any and all manner of all claims, suits, debts,
sums of money, accounts, contracts, controversies, agreements, promises, damages,
demands and causes of actions arising or claimed as arising between the Releasing
Party and Released Party with respect to the fabrication and installation of the walkway
awning at Pelican Community Park in the City of Sunny Isles Beach, Florida (the
"Project"), from the beginning of time to the day of these presents.
5. Notwithstanding any language to the contrary in this Settlement and
Mutual General Release, the City shall not release or waive any rights related to the
Contractor or its insurer, surety and all related bonds, and any and all contractual and
common law warranties, guarantees, indemnities, contributions, defense obligations, and
hold hannless obligations related to all work performed and/or to be performed and/or
latent defects and/or personal injury arising out of or related to the Project and/or
associated with the City and/or any of its suppliers, materialmen, subcontractors, surety
and insurer. Furthermore, the City shall be entitled to continue to receive the benefits of
all other post completion obligations that the Contractor and its sureties, insurer,
subcontractors, suppliers, and materialmen are obligated to extend to the City for
whatever reason and upon any and all legal or equitable grounds with respect to the
Project, including without limitation, completion and turn over of as-built drawings,
project manuals and warranty certificates from suppliers, materialmen and
subcontractors.
l.
ST ATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer ?rths and take acknowledgments, personally appeared,
('cre-e.~O t"l).\~\~'1Y"Vho took an oath and who produced drLlic~e
number as identification, or whoe^ersonally
~ to me and known to be the person described in and executed the foregoing/
instrument, and who acknowledged that he did the same as his free act and deed.
C1011-074 SElTLEMENT AND MUTUAL GENERAL REL.EASE
Page 2 orJ
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WITNESS my hand and official seal in the County and State last aforesaid on
this d~? day of 0'-..(-0 t..QlL ,2011.
~rf77Al;CI fbtJ//'IS'or'
Printed Name of Notary
Notary Public Serial Number (if any)
My Commission Expires: tnA.7' {PI cJ ol?
~~~~
SIgnature of Notary Pubhc
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I ~01A~~..:\~
/'Ji tIri Comm, Exp.res ~
5 May 06. 2012 Ie
! No OD786115 l
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ATTEST:
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B~ ~(l^,-,- ~ lA'~,I.)
Jane A. Hines, CMe, City Clerk
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CITY OF SUNNY ISLES BEACH
BY: ~
Alan J. Co en, CIty Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ~ ptA A.~ ,"",.e
ifans Ottinot, City Attorne
ClOt \-074 SETTLEMENT AND MUTUAL GENERAL RELEASE
Page3of3
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A
Awnings of Hollywood, Inc
DBA American Made Awnings
~828 Washington Street
H::.!tywood. Fl 33023
USA
Vl,)IOO:
F=ax
{9S4)963+7717
(954)963-0519
BlIITo:
Cily of Sunny Islos Beach
18070 Collins Avenue
sunny Isles Beach, FL 33160
Cust61!'erIO
Sunny
Beach
Martina
Ship to:
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Invoice Number:
Invoioo Dale:
Page:
Duplicate
9736-081810
Jun 7. 2011
1
Pel:~m Community Pork
18115 N, Bay Rd
SlJllny Isles Beach. FL
. .,~ti,s,~~}ir PO
ConlractC09i(}.051
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Quantity
100 NEW AWNING
I
f
tOO
1,00
'_00
ENGiNEERING DRAWIN(
PERMIT FEE
Permit Processing
Chr.-..-;kiCret1it Mema No
Field verify. f<lbricate and install one new
walkway awnir,g- frame Gatorshie:d steel-
U-shaped with eve-ra:! width HpprOX. 56' w
and exterd 23' to main entrance
north side CJnd ,lpprox 34' on snuth side.
f\..fmme design wiLh one (0,)11 to S(Z'C!;QI1-
Q\'eral: wdth (,\fw<llkway approx 11'2".12'.
footers
Cover - Ferrari SOlti$ 92 PreC(lnLr:i!nl
Faunc.secbons ZU'.25' long F?'ofl\;~! year
w<l(r<lnty. NOTE- Ferrari f"')(lltis!\'o Not
Waterproof- Sh<lde Fi:lbnc
NOTE: Original Cost: $23,140 reduce,; 10
$15,940 f;x (,TC<!lt 01 LD 30% Assessment
$7.200 (80 x 5300 = TDA $24,OOC reduced
10 $7.200 mutual agreemenll
Engineer Drawings
Pennit fee billed at cost
Permit Precessing Fees $55!hr
(Permit fees & processinn NTE $1160\
Subtotal
Sales Tax
T{lLallnvt11l:~~ Ammlnt
Payment/Credit Applied
'';' ",. ';.Raym,ent Terms
COD
~~,i~:':,D~H~":y.tx;:.!
15.940,00
60U 00
335.17
770,00
EXHIBIT "A"
Due Date::'
;,)<
6;7/11
Amourl~t~\~~
15.940.00
60000
335. 17
7lU.OO
17,645.17
17.645.17
17,645,17
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