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HomeMy WebLinkAbout23047AGREEMENT INFORMATION AGREEMENT NUMBER 23047 NAME/TYPE OF AGREEMENT SUNCOAST ELEVATOR SOLUTION INC DESCRIPTION MIAMI PARKING AUTHORITY / SECOND AMENDMENT TO PROFESSIONAL SERVICES CONTRACT / EFFECTIVE DATE February 13, 2020 ATTESTED BY NO SIGNATURE REQUIRED ATTESTED DATE NO SIGNATURE REQUIRED DATE RECEIVED FROM ISSUING DEPT. 3/10/2020 NOTE 40 N.W. Third Street, Suite 1103 Miami, FI 33128 Phone (305) 373-6789 Fax (305) 371-9451 www. miamiparking.com TO: Todd B. Hannon, City of Miami - City Clerk FROM: Miami Parking Authority SUBJECT: Suncoast Elevator Solutions Inc. DATE: March 2, 2020 Enclosed I have attached the Fully Executed Professional Services Agreement between Miami Parking Authority and Suncoast Elevator Solutions Inc. Should you have any questions, please feel free to contact me at 305-373-6789 ext. 227. MIAMI PARKING AUTHORITY SECOND AMENDMENT TO PROFESSIONAL SERVICES CONTRACT (Elevator Repair and Maintenance Services —RFP No: 17-13) THIS SECOND. AMENDMENT. TO PROFESSIONAL SERVICES CONTRACT ("Second Amendment") is made and entered into this I, 3 day of rc6rthe r y , 2020, (but effective as of March 4, 2020 at 12:00 a.m., the "Effective Date") by and between the Department. of Off -Street Parking, d/b/a the Miami Parking Authority, an agency and instrumentality of the City of Miami ("City"), located at 40 NW 3rd Street, Suite 1103, Miami, Florida 33128 ("MPA"), and Suncoast Elevator Solutions Inc., a for -profit corporation organized and registered to do business in the State of Florida, with a principal address of 7238 NW 70th Street, Miami, Florida 33166 ("Contractor"). The MPA and Contractor shall collectively be referred to as the "Parties", and each may individually be referred to as a "Party". RECITALS WHEREAS, on May 2, 2018,. the Parties entered into that certain Professional Services Contract Elevator Repair and Maintenance Services for the Miami Parking Authority;:as. subsequently amended on. May 30, 2018 to adjust the pricing schedule (collectively referred to herein as the "Contract"), providing for elevator repair and maintenance services to MPA owned and/or managed facilities ("Services") in accordance with the terms, conditions and specifications contained in the Elevator Repair and Maintenance Services - RFP No. 17-13 ("RFP"); and WHEREAS; the RFP extends the provision of Services to all current and prospective parking facilities owned and/or operated by the MPA, upon written notice to 'Contractor; and WHEREAS, the Contract authorizes the MPA Chief Executive Officer ("CEO") to, at his sole discretion, add additional facilities to be serviced after the commencement of the Contract and to negotiate and execute all documents, including any amendments, addendum's,. extensions, and modifications, including increases in capacity and increases to the Contract fiinding subject to appropriations and budgetary approval having' been previously made, without the necessity of subsequent MPA Board of Directors' approval; and WHEREAS, the CEO desires to include Services -to -fifteen (15) elevators situated within the Marlins Park Stadium ("Additional Services") and centralize the provision of Services under one entity in order to achieve a greater economy of scale and thereby, lower the aggregate cost of Services to the MPA under the Contract; and WHEREAS, the Contractor desires to provide Additional Services and has submitted a Scope of Services for MPA's consideration; and WHEREAS, the. Contract can be amended or modified .only by a written document signed by the Parties; and WHEREAS, the CEO has deterrnined`that it is in the MPA's best interest to execute this Second Amendment with Contractor for the. provision of Additional Services. Suncoast Elevator Solutions — Second Amendment Page 1 of 3 NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the Parties hereto agree as follows: 1. The Parties hereby agree to amend the Contract, specifically at Section XX,. "Indemnification and Insurance", to include the Marlins Stadium Operator, LLC, to the list of "Indenuiitees". 2. The Parties hereby agree to amend the Contract, specifically at Section XXIII, "Insurance", to include the Marlins Stadium Operator, LLC, as an additional insured under Contractor's insurance policies as evidenced by Contractor's Certificate of Insurance, which is incorporated into this Second Amendment and attached hereto as "Exhibit I". 3. The Parties hereby agree to amend the Contract, specifically at Section 3.1.2, Exhibit A, to include the Marlins Park Stadium to the list of "Facilities", containing fifteen (15) elevators to be Serviced by Contractor commencing on the Effective Date. 4. The Parties hereby agree to amend the Contract, specifically at Exhibit B, to include Contractor's compensation as indicated in the Scope of Services for the provision of Additional Services. 5. Contractor shall provide Additional Services in accordance with the Contractor's Scope of Work, which is incorporated into this Second Amendment and attached hereto as "Exhibit II". b. The Parties agree that this Second Amendment is hereby incorporated into and made part of the Contract, entered into by the Parties on May 2, 2018, as amended (attached hereto as "Exhibit III"). 7. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the Parties. The CEO is hereby authorized to enter intoand execute subsequent amendments to the Contract without the necessity ofMPA Board approval. 1 8. This Second Amendment shall be binding upon the Parties hereto, their successors in interest, heirs, executors, assigns and personal representatives. 9. All other terms of the Contract, as amended, which have not been modified by this Second Amendment, shall remain in full force and effect. 10. This Second Amendment may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. [The remainder of this page is intentionally left blank] Suncoast Elevator Solutions — Second Amendment Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Second Amendment by their respective proper officers duly authorized the day and year first written above. ATTEST: Officer or witness for Contractor: Suncoast Elevator Solutions, Inc., a Florida for -profit corporation, "Contractor": By: — By: Print: ;cArdo A y.'iiQr ATTEST: Witness for MPA: Ray Rod Presiden Department of Off -Street Parking a/k/a Miami . Parking Authority, agency and instrumentality of the City of Miami, "MPA": By: V Arthur Noriega, V Chief Executive offic APPROVED AS TO LEGAL FORM AND APPROVED AS CORRECTNESS: REQUIREME Victu ► Mende� , Esq. - City • ttorney Suncoast Elevator Solutions — Second Amendment Page 3 of 3 Ann-M . rie S iaipe Risk . nags nent Director 1_,A111U11. Ci BU D2B ELEVATOR SOLUTIONS Elevator Scope of Service Purchaser: Marlins Park Parking Garages C/O: Miami Parking Authority Location: 1402 NW 7 St. Miami, FI. 33125 Elevator #'s Fifteen (15) Elevators Serial #'s 44552,44553,44554,44555, 44556,44557,44558,44559, 44560,44561,44562, 44563,44564,44565,44566 7238 NW 70th ST. Office: 305-884-9900 Ricardo@suncoastelevator.net Miami, FL 33166 Fax: 786-518-3356 Cell: 305-962-6357 MARLINS PARK PARKING GARAGES 1402 NW 71" ST. MIAMI FL. 33125 NOVEMBER 1, 2019 examinations will be considered billable. Service requests outside of regular working hours and regular working days will be billed at standard overtime bill rates. Safety Tests Suncoast will perform an annual no load test and annual pressure relief valve test for hydraulic elevators. Suncoast will perform at each fifth year a full load test for traction elevators. Should your equipment require any code required safety tests on the Commencement Date, as defined below, of this proposal, Suncoast assumes no responsibility for the day to day operation of the governor or safeties on traction elevators, or the hydraulic elevators under the terms of this proposal until the test has been completed and the equipment passes. Should the respective system fail any of these tests, it shall be Miami Parking Authority sole responsibility to make the necessary repairs and place the equipment in a condition that Suncoast deems acceptable for further coverage under the terms of thus' proposal. Suncoast shall not be liable for any damage to the building structure or the elevator resulting from the performance of any safety tests Suncoast performs at any time under this proposal unless arising from the negligence or carelessness of Suncoast, its employees, agents, contractors or affiliates: If during the initial firefighter's service test; that feature is found to be inoperable, Miami Parking Authority shall be responsible for all costs associated with necessary repair(s) to bring the elevators) into compliance with the applicable elevator codes in your local jurisdiction. Miami Parking Authority agrees to pay for any costs of the inspector and/or inspection fees: If the elevator equipment has firefighter's service, the Miami Parking Authority assumes responsibility for performing and keeping a record of any code required tests and for the maintenance and 'functioning of the smoke and/or heat detectors. Miami Parking Authority agrees to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator machine room. Wiring Diagrams Suncoast shall obtain current as built wiring diagrams reflecting all previously made changes to the Elevator Equipment and shall maintain the wiring diagrams so that they properly reflect any changes made by Suncoast. The wiring diagrams will remain the property of the Purchaser. Software Purchaser agrees to authorize Suncoast to produce single copies of any programmable device® used in the equipment for the purpose of archival back-up of the software embodied therein. These items will remain the property of the Purchaser. Exclusions Suncoast does not cover cosmetic, construction or ancillary components of the elevator system, including the finishing, repairing or replacement of the elevator cab enclosure, ceiling frames, panels and/or fixtures, Hoistway door panels, door frames, swing door hinges and closing devices, sills, car MARLINS PARK PARKING GARAGES 1402 NW 7TH ST. MIAMI FL. 33125 NOVEMBER 1, 2019 Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind including, but not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity; additional financing costs, or loss of use of any equipment or property, whether in contract, tort, warranty or otherwise. The parties hereby waive trial by jury. Miami Parking Authority agrees that this proposal and the rights and duties of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. Purchaser further agrees that venue for any action, whether at law or equity, arising out of this proposal_ shall. properly be Miami, Dade County, Florida. Purchaser consents to the jurisdiction of the courts, both state and federal, of Miami, Dade County, Florida for any actions arising out of this proposal. In the event any portion of this proposal is deemed invalid or unenforceable by a court of law, public policy or stature, such finding shall not affect the validity or enforceability of any other portion of this proposal. The parties' rights under this proposal shall be cumulative and failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights. Safety Purchaser agrees to immediately report any condition that may indicate the need for correction before the next regular examination. Purchaser agrees to immediately shut down the equipment upon manifestation of any irregularities in either the operation or the appearance of the equipment, to immediately notify Suncoast, and to keep the equipment shut down until completion of any repairs. Purchaser agrees to provide written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser agrees to provide Suncoast personnel with a safe place to work. Purchaser agrees to provide a suitable elevator machine room, including secured doors, waterproofing, lighting, ventilation, and appropriate air temperature control to maintain that room at temperature between 50 degrees Fahrenheit and 90 degrees Fahrenheit. Miami Parking Authority also agrees to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, Miami Parking Authority will contract with others for removal and the proper handling of such liquids. Miami Parking Authority also agrees that if Suncoast's inspection of a piece of equipment serviced under this proposal reveals an operation problem which, in Suncoast's reasonable judgment, jeopardizes the safety of the riding public, Suncoast may shut down the equipment until such time as the operational problem is resolved. In that event, Suncoast will immediately advise Miami Parking Authority in writing of such action, the reason for such action, and whether any proposed solution is covered by the terns of this propsoal. MARLINS PARK PARKING GARAGES 1402 NW 7TH ST. MIAMI FL. 33125 NOVEMBER 1, 2019 Suspension of Service If Purchaser fails to pay an invoice within the specified time or if the Purchaser breaches any material provision of this Agreement, Suncoast may stop work or suspend its services until all invoices are current or Miami Parking Authority cures the breach. Assignment See page.12 of Contract Acceptance See XXVIII page 11 of contract. Special Provisions C This proposal is contingent upon completion of a final supervisor survey by Suncoast Elevator Solutions, Inc. o The annual increase shall not exceed 3% in any given year. Callback 24/7 service after regular hours. will be provided at no additional charge on all service callback calls only. EmergencyService calls placed after hours, on holidays or on weekends during Marlins home games or a stadium event (with at least 5,000 guests in expected attendance) will bear no additional charge. MARLINS PARK PARKING GARAGES 1402 NW 7TM ST. MIAMI FL. 33125 NOVEMBER 1, 2019 IOC � f ',rarr1111.31111+1, rrnr alter u,! ,`irttt- ��% 110ridra :rt�/J 1Ii Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation SUNCOAST ELEVATOR SOLUTIONS INC Filing Information Document Number P11000088741 FEI/EIN Number 45-3862137 Date Filed 10/10/2011 Effective Date 10/05/2011 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/22/2015 Event Effective Date NONE Principal Address 7238 NW 70TH STREET MIAMI, FL 33166 Changed: 10/02/2013 Mailing Address 7238 NW 70th STREET MIAMI, FL 33166 Changed: 02/19/2013 Registered Agent Name & Address Rodriguez, Ray 7238 NW 70th Street Miami, FL 33166 Name Changed: 02/27/2014 Address Changed: 02/27/2014 Officer/Director Detail Name & Address Title P MIAMI, FL 33166 Annual Reports Report Year Filed Date 2017 01/13/2017 2018 01/28/2018 2019 04/15/2019 Document Images 04/15/2019 -- ANNUAL REPORT 01/28/2018 -- ANNUAL REPORT 01/13/2017 -- ANNUAL REPORT 01/26/2016 -- ANNUAL REPORT 01/15/2015 -- ANNUAL REPORT 02/27/2014 -- ANNUAL REPORT 10/02/2013 -- Amendment 08/05/2013 -- Amendment 02/19/2013 -- ANNUAL REPORT 01/24/2012 -- ANNUAL REPORT 10/10/2011 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format J View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Pepartrnent of Stale, riivi:ion of Co, ovations S v 7 ACORO® AC� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/21/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER • Keyes Coverage Insurance 5900 Hiatus Road Tamarac FL 33321 CONTACT ' Natalia M.-Fraser PHONE FAX (A/C. No. Ext): 954-724-7000 (A/c, No): 954-724-7024 ADDRESS: nfraser©keyescoverage.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : National Liability & Fire Insurance Company 20052 INSURED 12916 Suncoast Elevator Solutions Inc. Coastal Elevator Communication & Consulting Inc. 7238 N.W. 70th Street Miami FL 33166 INSURER B : United States Fire Ins Co 21113 INSURERC: Great American Insurance Company 16691 INSURER D : National Union Fire Ins Co of Pittsburg PA INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 1104754 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE.LISTED BELOW HAVE BEEN ISSUED TO :THE INSURED NAMED ABOVE FOR THE POLICY PERIOD . INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED:BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDDIYYYY) - LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y GLP130334703 . 12/6/2019 ' 12/6/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X 'Elevator Projec MED EXP (Any one person) $ 5,000 PERSONAL 8, ADV INJURY $1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OP AGG $ 4,000,000 *Annual Agg. Limit $ 10,000,000 B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED - x SCHEDULED AUTOS aS EDA Y 13374710 ���g wn 1 1/202 1/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1.000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (PeraccidentDAMAGE ) $ Comp/Coll Ded $ 1,000 D X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EBU020770155 1 /2019 12/6/2020 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED' X RETENTON$-0- $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) . If yes, describe under DESCRIPTION OF OPERATIONS below Y / N • N / A Y V9WC157962 1/1/2020 1/1/2021 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE City of Miami and Department of Off Street Parking dba Miami Parking Authority and Marlins Stadium Operator, LLC are listed as additional insureds with respect to General Liability, Auto Liability: Umbrella in excess follow form over the General Liability and Auto: Contingent and Contractual Liability, Explosion, Collapse, and underground Hazard,Primary Clause as per written contract on a primary and non-contributory basis. CERTIFICATE HOLDER Miami Parking Authority Procurement Department 40 N.W. 3rd' Street, suite 1103 Miami FL 33128 CANCELLATION *30 days notice / 10 days Non -Pay SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE .THE EXPIRATION DATE THEREOF; NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. 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