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HomeMy WebLinkAboutReso 2012-1839 RESOLUTION NO. 2012-J.e3.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE AGREEMENT WITH HARBOUR CONSTRUCTION, INC. TO PROVIDE DEMOLITON SERVICES FOR 151 & 215 SUNNY ISLES BOULEVARD IN AN AMOUNT NOT TO EXCEED $95,520.00, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City acquired the property located at 151 & 215 Sunny Isles Blvd to help the City meet its public park/open space initiative; and WHEREAS, the City intends to demolish the building and use the land for public park; and WHEREAS, pursuant to a settlement agreement between the Gold Club Inc. and the City of Sunny Isles Beach, the City agreed to use Harbour Construction, Inc. to provide demolition services for the property located at 151 & 215 Sunny Isles Boulevard; and WHEREAS, the City wishes to honor the agreement and approve the agreement with Harbour Construction, Inc. to provide demolition services for Sunny Isles Boulevard in an amount not to exceed Ninety Five Thousand Five Hundred and Twenty Dollars ($95,520.00), 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. Approval of the City Commission. The City Commission hereby approves the agreement with Harbour Construction, Inc, to provide demolition services for 151 & 215 Sunny Isles Boulevard in an amount not to exceed Ninety Five Thousand Five Hundred and Twenty Dollars ( $95,520.00), attached hereto as Exhibit "A" . Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this .J.h 1'1- day of January 2012. Approving Harbour Construction, Inc. to Demolish 151 & 215 Sunny Isles Blvd. ATTEST: , ".J . " \ ' . I </ :I^. ; ~,: ~. ~. ~ ~ {~ -:",'}' )-\- ~ ,,' '.Jane , Illes, CIty Clerk '" :j~~' \ I ' 'I ~;> ~ Ii " .~<.> APPRd~~D AS TO FORM AND L'~ , " SUFFICIENCY: Moved by: ('{)~ ACc..L\'OU Seconded by: 'ilU ffi~0V"" TH.~~. Vote: 6-0 Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl L/ (Yes) I./' (Yes) V'" (Yes) V (Yes) V'(Yes) _(No) _(No) _(No) _(No) _(No) Approving Harbour Construction, Inc, to Demolish 151 & 215 Sunny Isles Blvd. ~t'tNY IS1 o"..,,,~~~~ CITY OF SUNNY ISLES BEACH t ~ ~"~ ~/. AGREEMENT WI~~~;::g~~~~~~~~~~TION, INC. -s.-jO 9.7. FLOv..\ ....... ~~ ~Q ~ "O~SUtl~ ..\'1\ THIS CONTRACTOR AGREEMENT made and entered into this ,1 day of :5A~lAA(L:1 2012, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and HARBOUR CONSTRUCTION, INC., a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Contractor"). WHEREAS, the City is in need of a qualified contractor to (1) perform professional demolition services of property located at 151 and 215 Sunny Isles Boulevard and WHEREAS, Contractor is qualified, willing and able to provide the desired services pursuant to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECITALS, The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference, 2. SERVICES TO BE PERFORMED, Contractor shall perform the required services in compliance with the terms and conditions of this Agreement. a, Contractor agrees to (1) provide all labor, materials and equipment to provide demolition and debris removal for property located at 151 and 215 Sunny Isles Boulevard; (collectively referred to as the "Services"), as per Attachment "A" which is attached hereto, b. Contractor shall conduct the Services so as not to interfere with any public utilities or any public right of ways, c, Contractor shall comply with all local, State and Federal Safety and Health Requirements, d, The Services shall be performed by Contractor to the full satisfaction of the City, Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to property and/or persons located 151 and 215 Sunny Isles Boulevard, e, Contractor will require its employees to perform the Services in a manner befitting the type and scope of work to be performed, In the event that the Contractor fails to complete performance of the Services pursuant to the terms of this contract and City must undertake the completion of performance of the Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of the Services and any damages the City may suffer as a result of the failure of performance by Contractor. SIB f. The Contractor shall promptly correct all Services rejected by the City as faulty, defective, or failing to conform to this Agreement whether observed before or after substantial completion of the Services, and whether or not fabricated, installed or completed, The Contractor shall bear all costs of correcting such rejected Services, 3. ADDITIONAL SERVICES, If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City, No such additional work shall be done or paid for without the specific prior written approval of the City, 4. TERM, This Agreement shall begin upon execution by the parties hereto and end upon the completion of the Services, as per Attachment "A", 5. TIME OF PERFORMANCE. Time is of the essence of this Agreement. Contractor shall provide personnel, equipment and materials necessary for the timely execution of the Services, and commence performance of the Permitting Services, within ten (10) business days from written notification to proceed from the City, 6. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall not exceed a total amount of Ninety-Five Thousand Five Hundred Twenty Dollars ($95,520,00) in accordance with this Agreement and reflected in Attachment "A". The payment schedule is as follows: . 25% Upon Execution of the Contract ("Initial Deposit") . 25% Upon Issuance of Permits and Mobilization · 50% Upon Completion of the Services described in Section 2 above The Initial Deposit shall be refunded if Contractor fails to complete the Services requested in Section 2, Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City, If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 7. PERMITS AND CITY CODE COMPLIANCE. Contractor shall secure all necessary permits and licenses required in connection with the performance of the 2 f'1l.~n ~~ .~ D Services and shall perform all such work in full compliance with the requirements of applicable codes, ordinances and regulations of the City, 8. ACCIDENT PREVENTION. Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for damages to persons or property, either on or off the site located at 151 Sunny Isles Boulevard and 215 Sunny Isles Boulevard, which occur as a result of the Contractor's execution of the Services, The safety provisions of applicable law and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonable and necessary. 9. CARE OF WORK. Contractor shall keep the site located at 151 Sunny Isles Boulevard and 215 Sunny Isles Boulevard clean and orderly during the course of the demolition and shall be responsible for the proper care and protection of all materials delivered and work performed until completion of the Services, 10. RESPONSIBILITY AND SUPERVISION OF WORK. Contractor shall be responsible to the City for the acts and omissions of all the Contractor's employees, subcontractors, agents and all other persons performing any of the Services on behalf of the Contractor. Contractor shall at all time enforce strict and good order among Contractor's employees and shall not employ any unfit persons or anyone not skilled in the tasks necessary to perform the Services, Contractor shall act as or employ a competent supervisor who shall regularly visit the site located at 151 and 215 Sunny Isles Boulevard, and regularly communicate with the City during the progress of the Services, 11. INSPECTION. Contractor shall permit regular inspections by the City and other appropriate officials in order to confirm that the Services are being conducted in accordance with the terms and conditions of this Agreement and that the Services are satisfactorily completed. 12. 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. 3 SiB 13. 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: o Comprehensive General Liability ("CGL") insurance, with mImmum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, and Two Million Dollars ($2,000,000) aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: · CGL Required Endorsements include the following: · Employees included as insured . Independent Contractor's Coverage . Contractual Liability . Waiver of Subrogation . Premises and/or Operations · Explosion, Collapse and Underground Hazards · Loading and Unloading . Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed or rented by Contractor or employees of Contractor City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. 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. o Umbrella Policy (Excess Follow Form) which shall include bodily injury and property damage liability with limits of three million dollars ($3,000,000.00) each occurrence and an aggregate limit of three million dollars ($3,000,000.00), Umbrella Policy coverage shall provide excess 4 (\en ..) I [) coverage over (1) Commercial General Liability and (2) Business Automobile Liability, 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. 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. 14. 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, Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Contractor and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. 5 ('l n ,.) D The City and Contractor shall comply with the prOVISIOns of Chapter 119, Florida Statutes (Public Records Law), All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby, 15. INDEMNIFICATION, Contractor agrees to indemnify, defend and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, sickness, disease, or loss of or damage to property, at law or in equity, which may arise or may be alleged to have arisen from the acts, errors, omissions or other wrongful conduct of the Contractor in connection with the performance of Services under this Agreement, whether such acts, errors, omissions or other wrongful conduct be by the Contractor, or any of the Contractor's subcontractors, agents, employees, suppliers or any other personnel entity acting under Contractor's control, and to that extent, the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals, The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity, 16. TERMINATION. a. Termination for Default. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. 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, 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 6 ('l G n ,.) d iI" U 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, 111. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: 1, Stop work on the date and to the extent specified; 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; 3, Transfer all work in process, completed work and other materials related to the terminated work to the City; and 4, Continue and complete all parts of that work that have not been terminated, b, Termination for Convenience of City. The City may, for its convenience and without cause, terminate the Services then remaining to be performed provided that the Contractor is given ten (10) days written notice. 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. 17. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING, The Contractor may not subcontract, assign or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 18. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 19. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the 7 c~ n ,;) ~) City's notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. 20. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Gio Batista, Public Works Director/City Engineer whose phone number is (305) 792-1909. Contractor shall not respond to requests for services under this Agreement unless the request is received directly from Gio Batista, Public Works Director/City Engineer, or his designated personnel. Any requests received from other City departments/divisions shall be referred to Gio Batista first for approval or if Gio Batista is unavailable, then to the City Manager, Alan Cohen for approval prior to the commencement of any work. Services performed without authorization by Gio Batista, Public Works Director/City or, or the City Manager, Alan Cohen, shall be considered unauthorized and shall not be compensated/paid by the City. 21. MEDIATION AND ARBITRATION OF DISPUTES The merits of any dispute arising under, out of, in connection with, or in relation to this agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association, If the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be held before the American Arbitration Association, Any award rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute amicably, In the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator"), If the parties are unable to agree upon the selection of a mediator, such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration, in which event the parties shall proceed to Arbitration in accordance with the previous paragraph, All costs of the Arbitration, including Mediation and the legal action to confirm and enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both 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 Mediation as may be determined by the court on confirmation. 8 ("l ~ n .) ~ fJ " 22. 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 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 in a court of equity for violating such provisions, 23. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to City Manager, Alan Cohen, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and, if intended for Contractor, shall be addressed to, David Tobin, Harbour Construction, Inc., 407 NW 10th Terrace, Hallandale, Florida 33009. 24. 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 action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 25. 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. 26. 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, 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/family 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 9 ~~ ~ p ,.] ~ LJ 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, 27. 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 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. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 28. WARRANTY. The Contractor warrants that the Services including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Services are performed, be of the highest quality, and be free from all faults, defects or errors. The Contractor further warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Services provided within one (1) year, unless a longer period is specified in the solicitation, from completion of the Services, the Contractor shall, at the City's option, either re-perform such portions of the Services to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Services, including the costs for re-performance of the work provided by other Contractors. 29. FORCE MAJEUREIINTERRUPTION. Neither party shall be liable for any failure to perform any of its obligations under this Agreement (except payment obligations) due to unforeseen circumstances or causes beyond the party's reasonable control, including without limitation, acts of God, riot, embargoes, acts of governmental authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission facilities ("Force Majeure"). 30. ENTIRE AGREEMENT. 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 understanding relating hereto, This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 31. AMENDMENT. Any modification of this Agreement shall be effective only ifin 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. 32. CONFLICTING PROVISIONS. The terms and conditions of this Agreement shall prevail over any contrary or inconsistent terms in any other document, including but not limited to Attachment "A" which is attached hereto, 10 ('l r') ,J tJ IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: gtig'1~~ J.~ Sigry ture :r- A-~ t-.I\'\ ~ €... d--. ~ 0\. '( \"'\ .Q.~ Print Name HARBOUR CONSTRUCTION, INC. . r BY: [2c ~~ /David Tob n w~~. Signature 1:>ebvO- L-\ JV"O-- Print Name ATTEST: CITY OF SUNNY ISLES BEACH By:~A~ Jane A. Hines, CMC, City Clerk BY: ~ Alan J. tohen, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY 11 ('l31f) 0~D e j' \,., - ~~",W-" ~~. <f$r ~ r Hel ~... ---~~ ~ HARBOUR (ONSTRU(TlON, IN(' 407 NW loth Terrace Hallandale, FL 33009 Phone: 954 456 2250 Fax: 954 456 2251 December 23, 2011 HCI Agreement No: HCI-11-587 Hans Ottinot City of Sunny Isles 18070 Collins A venue Sunny Isles Beach, FL 33160 Subject: 151 Sunny Isles Boulevard: 215 Sunny Isles Boulevard PROPOSED STATEMENT OF SERVICES: Provide materials, equipment, and labor to complete the demolition of above captioned addresses. Included: . Demolish and Remove Existing Structures, Footings and Foundations (Misting For Dust Control Included), HCI will leave site rough graded. · Remove All Asphaltic Material Within the Property Lines · Tree Removal · Asbestos & Lead Survey (report will include specifications for abatement of ACM if any is found), · Temporary Chain Link Fence With Wind Screen . Permit Fees Permits Required: . DERM . HRS · City of Sunny Isles (Includes Rodent Letter) Utility Disconnect Letters: · FPL · Bellsouth . Comcast · TECO p ~ w':) -"~ 11 l~"~ vJd . Water Meter Disconnect . Sewer Cap . Any other utility not listed, but required to demolish subject building EXCLUDED: Prices exclude any asbestos abatement (or any other abatement), handling or hauling of any hazardous or regulated materials, additional grading and importing of fill not listed in the inclusions, material to elevate site, storage tank removal, adjacent property protection, shoring, bracing, underpinning, pile extraction, tenant refuse, permanent fencing, any tree not permitted to be demolished by DERM, tree mitigation fees, recycling fees, gutting/soft stripping of building, site security, surveys, clearing and grubbing of site, seeding/sodding, cranes, traffic control, elevator removal, sidewalk/curb & gutter repair damaged by heavy equipment, major mechanical equipment such as boilers, chillers, cooling towers, Etc., excavation or backfill, earthwork and erosion control. Excludes salvage value. NOTES: HCI should occupy the entire work area exclusively upon the commencement of HCI's work. Customer will convey to HCI all rights to, title to and interest in all building contents and/or salvage materials not listed above that are currently located within the dismantling area. FEE: The proposed fees to perform these services are: 151 Sunny Isles Boulevard 215 Sunny Isles Boulevard $49,520,00 $46,000.00 It should be noted that this fee is subjected to change if the scope of work is changed or modified. Payment schedule as follows: ~ <.{lOI'\ ~Cv't1o") ~ C2:n -+~c;:f ?-t"Q ~r \'~",,-'.-\4if'\"ot(~t~e;v , \ ~ /:i\ A9r ~;er%upon~et:t#(7nof~,~.r--Ttl ~....~ ~o\Jv '1"'2...:;,. to"\.. ~U_ __ 50% upon completion, ~ ~ ~ Tentative Performance Schedule Notice to Proceed Permitting: 5 weeks Asbestos Abatement (If required): 4 weeks Building and Asphalt Demolition: 3 weeks HCI appreciates the opportunity to submit this proposal and look forward to working with you on this project. Please call us if you have any questions or concerns, ('l&lf") ,) d D Respectfully submitted: David Tobin Harbour Construction, Inc. ~~n vuD 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: Hans Ottinot, City Attorney DATE: 1/19/2012 RE: Approving the Agreement with Harbour Construction, Inc to Provide Demolition Services RECOMMENDATION: It is recommended that the attached Resolution be approved. REASONS: As you know, the City has acquired the properties located at 151 & 215 Sunny Isles Blvd, as part of the redevelopment of the Sunny Isles Boulevard corridor. The City intends to use the property to provide a park and open space for its residents. Pursuant to the settlement agreement between the Gold Club Inc. and the City of Sunny Isles Beach, the City agreed to use Harbour Construction, Inc. to provide demolition services for 151 & 215 Sunny Isles Boulevard, As such, the City will enter into an agreement with the Harbour Construction, Inc. in an amount not to exceed $95, 520.00 for demolition services, The settlement was previously approved by the City Commission. Please note that the price provided by Harbour Construction, Inc, is consistent with the other quotes staff received from other vendors. FUNDING SOURCE: Funding is available in account no. 35-600-5690. ATTACHMENTS: . Agenda Item ~ Date http://sibagenda. sibfl,net/ agenda/Preview. aspx?I temID=69 5 &MeetingII 1- ~( 2- Preview Page 2 of2 Resolution . Agreement http://sibagenda,sibfl.net/agenda/Preview.aspx?I temID=69 5&MeetingID=0&MeetingDate... 1/13/2012