98-22694 RESO
RESOLUTION NO. 98-22694
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT, IN
THE AMOUNT OF $80,000, WITH ARTIST CARLOS ALVES FOR
THE DESIGN, MATERIALS AND INSTALLATION OF
DECORA TIVE FLOOR TILE IN THE FIRST FLOOR LOBBY OF
CITY HALL.
WHEREAS, on February 4" 199.8, the Mayor and City Commission authorized the
Administration to negotiate a contract with artist Carlos Alves for the design, materials and
installation of decorative floor tile in the First Floor Lobby of City Hall (Project); and
WHEREAS, Mr. Alves submitted a proposal in the amount of $80,000 for the Project; and
WHEREAS, the Administration has accepted said proposal and negotiated the attached
agreement with Mr. Alves.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission approve and authorize the Mayor and City Clerk to execute the attached Agreement,
in the amount of $80,000, with artist Carlos Alves for the design, materials and installation of floor
tile in the First Floor Lobby of City Hall.
PASSED AND ADOPTED this 18th day of March
,1998
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ATTEST
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CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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~ITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. 11 t- -Cf ~
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: March 18, 1998
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH CARLOS ALVES FOR THE DESIGN,
MATERIALS AND INSTALLATION OF FLOOR TILE IN THE FIRST
FLOOR LOBBY OF CITY HALL.
ADMINISTRATION RECOMMENDATION:
Approve the resolution.
FUNDS:
Contract amount: $80,000. Funds are available in Property Management's budget account for City
Hall Renovations, number 351-2110-000676 for FY 97/98.
BACKGROUND:
On Feb;r:uary 4, 1998~ the Commission authorized the Administration to negotiate with Carlos Alves
to enter into an agreement for the design, materials and installation of floor tiles at the first floor
lobby and the elevator entrance to the building. An agreement with Carlos Alves is attached.
ANALYSIS:
The proposed installation of a floor tile mosaic will commence on April 6, 1998 and be completed
by July 24, 1998. The installation will include the employees lounge, the interior lobby, the corridor
and the exterior lobby.
CONCLUSION:
The City Commission should adopt the Resolution.
Attachments
JGP~DB~P/J~
AGENDA ITEM
RIA
3-l8-98
DATE
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND ARTIST CARLOS ALVES
FOR THE DESIGN, MATERIALS, AND INSTALLATION OF DECORATIVE FLOOR TILE IN
THE FIRST FLOOR LOBBY OF CITY HALL
THIS AGREEMENT is made this /0 Jl., day of
Ito r; /
I
between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials,
, 1998 by and
successors, legal representatives, and assigns, and artist CARLOS ALVES (Contractor).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Contractor.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Contractor:
For the pu rposes of th is Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Final Acceptance: "Final Acceptance" means notice from the City to the Contractor that the
Contractor's Work is complete, as same is set forth in Section 2 of this
Agreement.
Fixed Fee:
Fixed amount paid to the Contractor to allow for his costs and margin of
profit.
Project
Coordinator:
An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
Work.
Termination of Contractor's Work as provided in Subsection 4.6 of this
Agreement.
All services, work, and actions by the Contractor performed pursuant to
or undertaken under this Agreement described in Section 2.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Contractor is set forth in Exhibit "A," entitled
Termination:
Work:
"Scope of Work" (Work).
SECTION 3
COMPENSATION
3.1
FIXED FEE
Contractor shall be compensated for the Work performed herein on a fixed fee basis
of Eighty Thousand and 00/100 Dollars ($80,000), for providing the Work as set forth in
Exhibit "A" hereto.
3.2
METHOD OF PAYMENT
Contractor shall be paid the above sum, in the manner set forth in the Payment
Schedule in Exhibit "A", attached hereto.
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONTRACTOR
4.1
With respect to the performance of the Work, the Contractor shall exercise that degree
of skill, care, efficiency and diligence normally exercised by recognized professionals with
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respect to the performance of comparable Work. In its performance of the Work, the
Contractor shall comply with all applicable laws and ordinances, including but not limited to,
applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations
and Guidelines.
4.2
DURATION AND EXTENT OF AGREEMENT
Contractor shall proceed with the Work upon issuance of a Notice to Proceed by the
City. It is contemplated by the parties herein that Contractor shall commence the Work on
or before April 6, 1998, and shall construct and complete same in a good and workmanlike
manner on or before July 24, 1998.
A reasonable extension of time may be granted in the event the Work of the Contractor
is delayed or prevented by the City or by any circumstances beyond the reasonable control
of the Contractor, including weather conditions or acts of God, which render performance of
the Contractor's duties impractical; however, no such extension shall be valid or recognized
herein unless specifically given by the City to the Contractor in writing.
4.3
IN DEMN I FICA TION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct
of the Contractor, his employees, agents, sub-Contractors, or any other person or entity acting
under Contractor's control, in connection with the Contractor's performance of the Work
pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and
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losses and shall pay all such costs and judgements 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 the defense of such claims and losses, including appeals. The parties agree that one percent
(1 %) of the total compensation to the Contractor for performance of the Work under this
Agreement is the specific consideration from the City to the Contractor for the Contractor's
Indemnity Agreement.
The Contractor's obi igation under this Subsection shall not include the obi igation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
4.4
INSURANCE REQUIREMENTS
The Contractor shall not commence any Work pursuant to this Agreement until all
insurance required by the City has been obtained and such insurance has been approved by
the City's Risk Manager. The Contractor shall maintain and carry in full force during the term
of this Agreement and throughout the duration of the Work such insurance as required and
approved by the City's Risk Manager.
Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Contractor and his
insurance company. The insurance must be furnished by insurance companies authorized to
do business in the State of Florida and approved by the City's Risk Manager. Original
certificates of insurance for the above coverage must be submitted to the City's Risk Manager
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for approval prior to any work commencing. These certificates will be kept on file in the office
of the Risk Manager, 3rd Floor, City Hall. The Contractor is responsible for obtaining and
submitting all insurance certificates for their Contractors.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B +" as to
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Contractor of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required overage.
4.4.1 Endorsements
All of Contractor's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.4.2 Certificates
Unless directed by the City otherwise, the Contractor shall not commence the Work
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
4.5
FINAL ACCEPTANCE
When the Work have been completed, the Contractor shall so advise the City in
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writing. Final Acceptance by the City shall not constitute a waiver or abandonment of any
rights or remedies available to the City under any other Section of this Agreement.
4.6 TERMINATION. SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If through any cause within the reasonable control of the Contractor, 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 thereupon have the right to terminate
the Work then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Contractor of its violation of the particular terms of this
Agreement and shall grant Contractor seven (7) days to cure such default. If such default
remains uncured after seven (7) days, the City, upon three (3) days notice to Contractor, may
terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Contractor and
its subcontractors shall be properly del ivered to the City and the City shall compensate the
Contractor in accordance with Section 3 for all Work satisfactori Iy performed by the
Contractor prior the date of the Notice of Termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Contractor
and the City may reasonably withhold payments to the Contractor for the purposes of set-off
until such time as the exact amount of damages due the City from the Contractor is
determined.
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4.6.2 Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Work then
remaining to be performed at any time by giving written notice to Contractor of such
termination, which shall become effective seven (7) days following receipt by Contractor of
the written termination notice. In that event, all finished or unfinished portions of the Work,
including materials, as described in Section 2 and Exhibit "A" shall be properly del ivered to
the City. If the Agreement is terminated by the City as provided in this Subsection, the City
shall compensate the Contractor for all Work satisfactorily performed by the Contractor. Such
payment shall be the total extent of the City's liability to the Contractor upon a Termination
for Convenience, as provided for in this Subsection.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Work to be performed in the
event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obi igations for the parties
shall be the same as provided for in Section 4.6.2.
4.6.4 Changes and Additions
Any change to the Work shall be directed by a written Notice signed by the duly
authorized representatives of the City and Contractor. Said Notices may provide an equitable
adjustment in the time of performance, a reallocation of the budget and, if applicable, any
provision of this Agreement which is affected by said Notice. The City shall not reimburse the
Contractor for the cost of preparing Agreement change documents, written Notices to Proceed,
or other documentation in this regard.
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ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any Work under this Agreement
without the prior written consent of the City.
4.7
4.8
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Contractor shall take affi rmative action to ensure that appl icants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
4.9
NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Contractor and the Project Coordinator designated by the City. The City's Project
Coordinator shall be designated promptly upon commencement of the Work.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
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Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR:
Carlos Alves
1043 Lincoln Road
Miami Beach, Florida 33139
(305) 673-3824
TO CITY:
City of Miami Beach
Attn: Jorge Chartrand, Construction Manager
1700 Convention Center Drive, Public Works
Miami Beach, FL 33139
(305) 673-7193
WITH COPI ES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
4.10 LITIGATION IURlSDICTIONIVENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action
is necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Dade County,
Florida.
4.11 ENTIRETY OF AGREEMENT
This writing and the Work embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
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reference to the subject matter hereof that are not merged herein and superseded hereby. The
Work is hereby incorporated by reference into this Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
4.12 LIMIT A liON OF CITY'S L1Asl LIlY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on its liability for any cause of action for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$80,000. Contractor hereby expresses his willingness to enter into this Agreement with
Contractor's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of $80,000, less the amount of all funds actually paid by the City to
Contractor pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an
amount in excess of $80,000, which amount shall be reduced by the amount actually paid by
the City to Contractor pursuant to this Agreement, for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon
the City by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the City's
liability as set forth in Section 768.28, Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By:
~~~
City Clerk
FOR CONTRACTOR:
A TTE5T:
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\ itness
CITY OF MIAMI BEACH, FLORIDA
By:
1J1{
Mayor
By:
----
Signature
tylo5 4.
Print Name
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4LI/E S
Corporate Seal
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
/l/i J11WL g)hh~
ty Attorney ~
CARLOS ALVES
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LETTER OF INTENT
To: All parties involved
Miami Beach Art in Public Places
City Manager
City Architects
The opportunity to create a site specific mosaic tile floor for the City of
Miami Beach is a complete honor. Several Months have been invested in the
development of these final schematics and proposals. Although the initial
..proposals involved an extremely large, all encompassing approach to the entire
ground level floor, budget limitations, necessity and time frames have resulted in
a design that is practical, extremely functional, durable and most importantly
beautiful, I believe this floor will be a monumental work of art exemplifying the
growth and revitalization of what Miami Beach represents to the world.
(hh',h:.J-- ''fI ')
c.ri.. A I,,, 104~ iiaut. ru, Mi..i Be.,II, FJ !~B9 PH:(iOS) 673-J324 Fu: 1305) 673-2'67
C,ARLOS A LYES
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PRELlMANARY SCHEDULE OF PROCEDURE
1. All installation will be created on location at City of Miami Beach, City Hall
lobby floor. A detailed schedule of areas to be tiled at various hours will be
created to limit the interruption of daily activities throughout the site. Access
and .Iogistics are crucial. Note: some areas will have to be installed on
weekends and evenings i.e. creating passage ways for pedestrian uses.
2. Actual installation will begin 3 to 4 weeks after initial deposit! retainer is
received. This large artwork/floor will require many handmade and glazed
ties to achieve it's desired beauty.
.3. Installation will require a minimum of two to three months. Evenings and
weekend access will encourage a more expedient final floor.
4. Please note, this installation will be a painstaking, slowly developed process
employing many crew members. The crew will be working under my complete
supervision.
5. Be aware that noise will sometimes be a factor. All considerations will be
taken during Dusiness hours.
/:"1. 1'(\ f I)
Lfi'J..ibi+- ,.,
C.tf.. AlvIS 104! Ulul. 14, Mi..i Ju.t,Ff 3J139 ''':(305) 07~~24 fU: l!Os) 673-%'67
CLIENT:
DATE
CARLOS ALVES
*
CITX OF MIAMI BEACH
RE: JORGE CHARTRAN
DESCRIPTION
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DA IE: 1 - 1 2 - 9 8
INVOICE No.
Total square footage including lobby and exterior rotunda - elevator
area
2000 sq. ft. x $ 40.00 = 80,000.00
PAYMENT SCHEDULE
DEPOSITI RETAINER $25,000.00
Handmade tiles will be created and glazed, floor patterns and designs
to be developed finalized and approved.
2ndpAYMENT .
Due upon beginning of tile installation.
3rd PAYMENT
% of mosaic floor finished.
4th and FINAL PAYMENT
Upon completion of the project.
(6h;hi-r f1 ',)
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$15,000.00
$15,000.00
Balance Due
$25,000.00
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AMOUNT
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