Loading...
HomeMy WebLinkAboutReso 2019-2919 RESOLUTION NO. 2019 - -I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL ("RFP") NO. 18-11-02 TO, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH, AZULEJO, INC. TO PROVIDE BUS SHELTER RELOCATION AND REFURBISHING SERVICES, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00); AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT, PROVIDED IT IS FIRST REVIEWED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised RFP No. 18-11-02 for a Bus Shelter Relocation and Refurbishing Services and received two (2) responses, and it was determined that Azulejo, Inc. was the lowest responsible, responsive bidder; and WHEREAS, Azulejo, Inc. is qualified, willing and able to provide the Services specified in the RFP; and WHEREAS, the City wishes to award RFP No. 18-11-02 to, and authorize the City Manager to negotiate and enter into an Agreement with, Azulejo, Inc. to provide services related to Bus Shelter Relocation and Refurbishing, provided said agreement is first reviewed as to form and legal sufficiency by the City Attorney, in an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of RFP No. 18-11-02 and Authorization to Negotiate. The City Commission hereby approves the award of RFP No. 18-11-02 to, and authorizes the City Manager to negotiate and enter into an Agreement with, Azulejo, Inc. to services related to Bus Shelter Relocation and Refurbishing, provided said agreement is first reviewed as to form and legal sufficiency by the City Attorney, in an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00). Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. R2019 Awd RFP 18-11-02 and Nego Agmt for Bus Shelter Relocate Page 1 of 2 PASSED AND ADOPTED this 21' day of Eebi iary 2018. i George . Scholl, Mayor ATTE J 11Pqr Mauric • Betanc.r, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .;' --- Julia G t va, Interim City Attorney Moved by: CoMOAISS.1oNg-- V ISCX1 Q ( Seconded by: CprMIMIS{(OAJ - ObW41iJ Vote: Mayor Scholl (Yes) (No) Vice Mayor Svechin I (Yes) (No) Commissioner Goldman — (Yes) (No) Commissioner Lama V/(Yes) (No) Commissioner Viscarra ✓ (Yes) (No) R2019 Awd RFP 18-11-02 and Nego Agmt for Bus Shelter Relocate Page 2 of 2 ,se--�F,, City of Sunny Isles Beach 4 � jT 18070 Collins Avenue I Sunny Isles Beach, Florida 33160 se°'),f tk 41 (305)947-0606 City Hall ``T'os :vN 1 (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson,Assistant City Manager DATE: 2/21/2019 Awarding Bid No. 18-11-02 and Authorizing the City RE: Manager to Enter into an Agreement with Azulejo, Inc.for Bus Shelter Relocation along Collins Avenue RECOMMENDATION: This item is presented for your consideration. REASONS: The City issued Request For Proposal Number 18-11-02 for Bus Shelter Refurbishing and Relocation. Based on bids received, staff recognized a benefit to purchasing new shelters rather than refurbishing. A contractor is needed only for the removal of pavers and landscaping, pouring new concrete pads in the relocated areas, and repairing and resetting pavers for shelters along Collins Avenue. Purchasing received updated proposals from the only two contractors from the original bid and Azulejo, Inc provided the most responsive and responsible proposal. Staff is seeking approval for the City Manager to enter into an agreement with Azujelo, Inc. for the above work in an amount not to exceed $120,000 with $113,900 being the base bid and $6,100 in contingency for unforeseen conditions once the work commences. Staff requests an additional renewal term for future services for bus shelters on the interior streets for an additional Not to Exceed of $100,000.00 to be invoiced on an as needed basis. Together, we seek 154 approval for an initial 2 year contract sum of$220,000. FUNDING SOURCE: Ned Funds are budgeted for and available in the Capital Improvement Program budget titled Transportation Improvements through Account Number 300-5-5410-465000-9908 ATTACHMENTS: Description Resolution Item Number: 10.1. 155 JNNV�S[ I�Orw �(� AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND AZULEJO, INC. ° CONTRACT NO. 7053-034 THIS CONTRACTUAL AG EMENT (hereinafter referred to as the "Agreement") is made in duplicate,this I day of �1 - ,2019,by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and AZULEJO, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 42-1586175. RECITALS WHEREAS, the City is in need of a contractor to relocate and refurbish the City's bus shelters along Collins Avenue ("Services"); and WHEREAS, the City issued Request for Proposal ("RFP") No. 18-11-02 for relocation and refurbishing of the City's bus shelters along Collins Avenue; and WHEREAS,the City advertised RFP No. 18-11-02, and the Contractor submitted a bid in response thereto, which herein is incorporated by reference; and WHEREAS, Contractor was selected as the lowest responsible, responsive proposer in response to RFP No. 18-11-02; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services in an amount not to exceed One Hundred Thirteen Thousand Nine Hundred Dollars ($113,900.00), in addition to a contingency for corrections and/or unforeseen conditions for amount not to exceed Six Thousand One Hundred Dollars ($6,100.00), bringing the total amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00), as more particularly described in Attachment "A", which is attached and incorporated by reference. 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 shall relocate and refurbish the City's bus shelters along Collins Avenue, as more particularly described in Attachment"A", which is made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder,the term of this Agreement shall commence upon the execution of this Agreement by both parties and shall terminate no later than two (2) years thereafter, with three (3) optional one (1) year renewal terms, for a maximum of five (5) years, unless terminated earlier by the City during the initial term or any optional renewal term. 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 4. COMPENSATION. The Contractor agrees to provide the Services in an amount not to exceed One Hundred Thirteen Thousand Nine Hundred Dollars ($113,900.00), in addition to a contingency for corrections and/or unforeseen conditions for amount not to exceed Six Thousand One Hundred Dollars ($6,100.00), bringing the total amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00). 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. The City will pay properly submitted Contractor invoices within 30(thirty)days of receipt,for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. 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. e. Price Adjustment. In the event the City elects to renew this Agreement for any renewal term,the City may consider an adjustment to price based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) and shall not exceed three percent (3%). 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 2 7053-034-AZULEJO, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. 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. 6. 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. 7. 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 coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: ❑ Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000)per occurrence. ❑ Worker's Compensation, as required by the State of Florida Employer's Liability. ❑ Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000)per accident for property damage. 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 3 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Manager or his designee. 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. 8. WARRANTY OF SERVICES 8.1 The Contractor shall warrant that the Services conform to the Agreement and are free of any patent and/or latent defect of the workmanship for the periods established in the Contractor's proposal, attached hereto as Attachment "A". This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof)which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 8.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 4 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 9. DEFECTIVE WORK 9.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period,the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement,Contractor,after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City.Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 9.5 Where the City or its designee becomes aware of faults,defects or non-conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. 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 5 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 0606 phone (305) 949-3113 Fax 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, 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. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City.The City may,for its convenience and without cause immediately terminate the Services then remaining to be performed at any time by giving 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. 11. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement,then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver 6 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of 10 (Ten) 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 from violating such provisions. 13. 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: Christopher J. Russo With a copy to: City Manager City Attorney Office City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1701 Tel: (305) 792-1767 If to the Contractor: Azulejo, Inc. Alexandra Rodriquez Leyvis T. Quintana 20200 West Dixie Hwy. Suite 805-A Aventura, FL 33180 Tel: (305) 895-4110 Fax: (786) 916-3916 Email: Alexggazulejoinc.com 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 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will 7 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 pay or 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 could 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. 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 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 herein. 18. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of 8 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error,then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 19. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS 9 7053-034-AZULEJO,INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phore (305) 949-3113 Fax RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. 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. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. 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. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A" and"B". [Remainder of section left blank intentionally] 10 7053-034-AZULEJO,INC. • `� inc.com \ . 15, E ' azu IVERSARy ego 1003.20;8 general =opt,/' contractor January 24, 2019 Genesis Cuevas,MPA Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Ref: RFP 18-11-02 Bus Shelter Relocation and Refurbishing Base Bid — Revised 01/24/2019 Remove Pavers/Landscape (9) $ 9,000 Excavate Pads 21'x5' (6) 12,600 Excavate pads 45'x5' (1) 4,500 Modify Irrigation and Electric lighting(9) 11,250 Form and pour 630 SF 15,750 Form and pour 225 SF 4,500 Repair landscaping(9) 6,300 Reset Pavers on top of pad only(9) 9,000 MOT 10,000 Mobilization 7,000 OH & Profit $ 24,000 Total $ 113,900 If you have any question do not hesitate to contact us. We o orward to start working with all of you soon. Co Tally) • Le vis Quintna President 20200 West Dixie Hwy.Suite#805-A. Aventura, Fl 33180 Ph(305)895-4110 Fax(786)916-3916 ATTACHMENT"A" - City of Sunny Isles"'each 18070 Collins Aver!u Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: AZULEJO,INC. lC` 311,1/06 BY: 4, V �` 40----" Signature Ley is Q intana,I resident& •wner AIe)tari dca vc.--�r u���tt,, Print Name / U ATTEST: , CITY OF SUNNY ISLES BEACH 041•BY: '= \. BY: Mauricio Betancur,CMC,City Clerk C :I/7e"—J. so, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ' iv ✓ BY: y t - s: is nt H::s Julia Grachov.,Interim City Attorney 11 7053-034-AZULEJO.CNC. NM'at J+r '; CONTRACTOR ANTI-BOYCOTT CERTIFICATION '.''P...°*`O b` c� [PURSUANT TO FLORIDA STATUTE$215.47251 T, L erly is t on behalf of �t� —11.3 Print Name Company Mime certifies that [4-. .t) o j'a. does not: Copany Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. � S'_ e Title 3ktt'1 Date ATTACHMENT`B"