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HomeMy WebLinkAboutReso 2023-3554RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES REACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH MARTIN & SONS RESIDENTIAL SERVICES, INC. FOR PRESSURE CLEANING SERVICES, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-THREE THOUSAND NINE HUNDRED THIRTY-NINE DOLLARS AND SEVENTY-EIGHT CENTS ($143,939.78), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 21St, 2022, via Resolution No. 2022-3365, the City Commission of the City of Sunny Isles Beach ("City") approved an Agreement with Martin & Sons Residential Services, Inc. ("Contractor") to provide pressure cleaning services at various locations throughout the City on an as needed basis ("Services"), in an amount not to exceed $72,000.00; and WHEREAS, the City has determined that pressure cleaning of additional City properties ("Additional Services") not included in the original Agreement are needed; and WHEREAS, the Contractor expressed their ability and desire to provide these Additional Services to the City pursuant to the same pricing terms and conditions offered to the City of Weston, Florida, via Request for Proposal No. 2022-02; and WHEREAS, the City Commission now wishes to approve a First Amendment to the Agreement with the Contractor to provide the Additional Services, in an amount not to exceed One Hundred Forty -Three Thousand Nine Hundred Thirty -Nine Dollars and Seventy -Eight Cents ($143,939.78), bringing the total not to exceed contract amount to Two hundred Fifteen Thousand Nine Hundred Thirty -Nine Dollars and Seventy -Eight Cents ($215,939.78), 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 First Amendment. The City Commission hereby approves a First Amendment to the Agreement with Martin & Sons Residential Services, Inc. to provide pressure cleaning of additional City properties not included in the original Agreement, in an amount not to exceed One Hundred Forty -Three Thousand Nine Hundred Thirty -Nine Dollars and Seventy - Eight Cents ($143,939.78), bringing the total not to exceed contract amount to Two hundred Fifteen Thousand Nine Hundred Thirty -Nine Dollars and Seventy -Eight Cents ($215,939.78), attached hereto as Exhibit "A". Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said Amendment. @BCL@E006F306.Doc Page 1 of 2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED upon this 21St day f Se tember 2023. Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Maurici� Betancur, CMC, City Clerk R � ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:&'00�r715* Seconded by: Ov/55/©/ffoc 6141 tk Vote: Mayor Svechin Z(Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@E006F306.Doc Page 2 of 2 Sv n1NY CSC FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MARTIN & SONS s'e . Foas °r RESIDENTIAL SERVICES, INC. CONTRACT NO. 2022-6222 THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and MARTIN & SONS RESIDENTIAL SERVICES, INC., a corporation authorized to do business in the State of Florida, whose Federal Identification Number is 65-0665545 ("Contractor"), executed this Z 4ray of September, 2023, is made a part of the original Agreement between the City and Contractor, dated July 25, 2022 ("the Agreement'), attached hereto as Attachment "A." The City and Contractor hereby agree as follows: 1. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 5 of the Agreement, entitled "Compensation," to provide additional compensation, as more particularly described in Exhibit B, in an amount not to exceed One Hundred Forty -Three Thousand Nine Hundred Thirty -Nine Dollars and Seventy -Eight Cents ($143,939.78). The additional compensation provided herein will bring the total Agreement to a not to exceed amount of Two Hundred Fifteen Thousand Nine Hundred Thirty -Nine Dollars and Seventy -Eight Cents ($215,939.78). 2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated July 25, 2022, shall remain in full force and effect. 3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Attachment "A." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. [SIGNATURE PAGE TO FOLLOW] Martin & Sons Residential Services, Inc. — First Amendment Page 1 of 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WITNESS: Signa re MAPMN TRA:�>o Print Name STATE OF FLORIDA: COUNTY OF MARTIN & SONS RESIDENTIAL SERVICES, INC. BY: f r Franco Pardo, President The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this (a day of September, 2023, by Franco Pardo, as President of Martin & Sons Residential Services, Inc. (SEAL) E1111 Notary Public State of Florida Ana M Bertello My Commission HH 320625 Expires 10l1012026 Notary Publi e of Florida (Signature of Notary Public) ANA M - T-ejZ (moo (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known -or Produced Identification r/ -�FL - DL. •*-:Pr,�30b24067 388'0 Type of Identification Produced: • Z)L . [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Midi Lill oc 3ons xestaenttaf services, Inc. - First Amendment Page 2 of 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: Mauric o Betanc CMC Citv Clerk CITY OF S N SLES BEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Wain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Martin & Sons Residential Services, Inc. — First Amendment Page 3 of 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" Martin & Sons Residential Services, Inc. — First Amendment Page 4 of 5 *9 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MARTIN & SONS RESIDENTIAL SERVICES, INC. CONTRACT NO. 2022-6222 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this Z day of, 2022, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred as "City"), and MARTIN & SONS RESIDENTIAL SERVICES, INC., a company authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 65-0665545. RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide pressure cleaning and acrylic seal coating application to the City ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City of Weston issued Request for Proposal RFP 2022-02, "Pressure Cleaning Services", and on June 6, 2022, the City of Weston City Commission approved an award to Contractor for an initial three (3) year term, terminating on April 30, 2025, with the option to renew for two (2) additional three (3) year terms; and WHEREAS, the City desires to enter into an agreement with Contractor, using the City of Weston's solicitation information, and the Contractor's response thereto, to provide the Services as described in Attachment "A", attached hereto and made part hereof, subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, although pressure cleaning services will be compensated at the rates set forth in the City of Weston's contract, pursuant to Section 62-12 of the City Code, the City desires to waive competitive bidding procedures for the acrylic seal coating application services that are not in the City of Weston's contract at $0.3225 per square foot; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment `B" in an amount not to exceed Seventy -Two Thousand Dollars ($72,000.00), which is comprised of the contract amount of Sixty -One Thousand Two Hundred Sixty -One Dollars and Ninety -One Cents ($61,261.91) plus a contingency in the amount of Ten Thousand Seven Hundred Thirty -Eight Dollars and Nine Cents ($10,738.09) NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. MARTIN & SONS RESIDENTIAL SERVICES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of City of Weston's Request for Proposal RFP 2022-02, Contractor's response thereto, and the resulting contract which are specifically incorporated herein as Attachment "A", as well as Contractor's Proposal to the City which is incorporated herein as Attachment "B" (hereinafter referred to as "Contract Documents"). 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the Contract Documents, as more particularly described in Contractor's proposal to the City attached hereto as Attachment `B" (hereinafter referred to as "Services"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. The term of this Agreement shall commence upon execution of the Agreement and shall be for an initial three (3) year term, commencing on August 1, 2022, subject to the City's ability to terminate earlier in accordance with Section 8 of this Agreement. Prior to, or upon completion of the initial three (3) year term, the City has the option at its sole discretion to renew this Agreement for an additional two (2) three (3) year renewal terms. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Seventy -Two Thousand Dollars ($72,000.00), which is comprised of the contract amount of Sixty -One Thousand Two Hundred Sixty -One Dollars and Ninety -One Cents ($61,261.91) plus a contingency in the amount of Ten Thousand Seven Hundred Thirty -Eight Dollars and Nine Cents ($10,738.09), as more particularly set forth in Contractor's Proposal, attached hereto as Attachment "B". Payment to Contractor for all charges and tasks under this Agreement shall be in . accordance with the Contract Documents and the schedule of charges as reflected in Attachment "B", under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be MARTIN & SONS RESIDENTIAL SERVICES, INC. 110 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax made by the City in accordance with the Invoicing provisions contained in the City of Weston Contract attached hereto as Attachment "A". 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. 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. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the 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. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 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 MARTIN & SONS RESIDENTIAL SERVICES, INC. 111 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: A. Workers Compensation: Contractor shall provide statutory workers' compensation, and employer's liability insurance with limits of not less than $1,000,000 per employee per accident, $1,000,000 disease aggregate and $1,000,000 per employee per disease for all personnel on the worksite. If applicable, coverage for the Jones Act and United States Longshoremen and Harborworkers exposures must also be included. Elective exemptions shall NOT satisfy this requirement. Certificates evidencing an employee leasing company as employer shall not be accepted. In the event Contractor has "leased" employees, Contractor must provide a workers' compensation policy for all personnel on the worksite. All documentation must be provided for review and approval by City. Contractor is responsible for the Workers' Compensation of any and all subcontractors, including leased employees, used by Contractor. Evidence of workers' compensation insurance coverage for all subcontractors, including leased employees, must be submitted prior to any work being performed. B. Commercial General Liability: Contractor shall provide evidence of commercial general liability on an occurrence Form no more restrictive than ISO form CG 2010, and including but not limited to bodily injury, property damage, contractual liability, products and completed operations (without limitation), and personal and advertising, injury liability with limits of not less than $1,000,000 each occurrence, and $2,000,000 in aggregate, covering all work performed under this Agreement. C. Business Automobile Liability: Contractor shall provide evidence of business automobile liability on a standard ISO form and including per occurrence limits of not less than $1,000,000 covering all work performed under this Agreement. Coverage shall include liability for owned, non -owned & hired automobiles. If private passenger automobiles are used in the business, they shall be commercially insured. D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required general liability, automobile liability, and employers' liability limits. Umbrella policies shall also name City as additional insured and coverage shall be provided on a "Follow Form" basis. E. Subcontractors: Insurance requirements itemized in this contract and required of Contractor shall be provided on behalf of all subcontractors to cover their operations performed under this Agreement. Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors. 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 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 MARTIN & SONS RESIDENTIAL SERVICES, INC. 112 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services. 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 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 may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 8A(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. MARTEN & SONS RESIDENTIAL SERVICES, INC. 5 113 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 9. 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 from violating such provisions. 10. 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 and the City is the prevailing party 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 of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 11. 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: Stan Morris With a copy to: City Manager Edward Dion, Esq. City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: 305 792-1766 If to the Franco Prado, Vice President Contractor: Martin and Sons Residential Services, Inc. 4581 Weston Rd. Suite 154 Weston, FL 33331 MARTIN & SONS RESIDENTIAL SERVICES, INC. 114 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Office: (954)389-0220 Cell: (954)536-3186 Email: franco@martinandsons-usa.com 12. 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 RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 41' Floor, Sunny Isles Beach, Florida 33160. 13. 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. 14. 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 Cominunity 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/familial status, or status with regard to public assistance. MARTIN & SONS RESIDENTIAL SERVICES, INC. 115 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The Contractor will take affirmative action to ensure 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. 15. 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 the City of 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. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. 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. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject MARTIN & SONS RESIDFNTLAI, SERVICES, INC. 116 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachment "A", `B", "C" and "D". 19. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, 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 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 "C". 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 287.135. 20. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The MARTIN & SONS RESIDENTIAL SERVICES, INC. 9 117 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D". 21. 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. 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 understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. [Remainder of page intentionally left blank) MARTIN & SONS RESIDENTIAL SERVICES, INC. 10 118 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: MARTIN & SONS RESIDENTIAL SERVICES, INC. G Signature AIVA � U Print Name A 3 Department Head Franco Pardo, Vice President CITY OF SUNNY ISLES BEACH BY: he�—� Dana Robin Goldman, Mayor APPROVED AS TO FORM AND LEGAL Y�FFI IENCY BY: and A. Dion, City Attorney MARTIN & SONS RESIDENTIAL SERVICES, INC. I vi CITY OF WESTON, FLORIDA INDIAN TRACE DEVELOPMENT DISTRICT BONAVENTURE DEVELOPMENT DISTRICT PRESSURE CLEANING SERVICES RFP NO. 2022-02 MARTIN & SONS RESIDENTIAL SERVICES, INC. 120 MARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com RFP No. 2022-02 for Pressure Cleaning Services 121 EXHIBIT B FEE SCHEDULE The pricing offered by the CONTRACTOR shall include all labor, supervision, equipment, supplies, tools, materials, maintenance of traffic. (M.O.T.) and all other necessary incidentals required to provide pressure cleaning services at various facilities throughout the City of Weston. C1 aning Services Item No. _Pressure Description UOM Estimated Qty. Cost joer Unit Total 1 Pre -spray algaecide treatment and ressure clean. Sq. Ft, 3,000,000 $0-,0777 _Scl. FI. c $ 2 Minimum Charge for Areas less than 1,000 square feet. Each 20 $ 8 y")" Each Instance $_ GRAND TOTAL (Line Item No, 1 and 2): $ 234,700.00 ONI876641 RFP No. 2022-02 Pressure Cleaning Services 77233 Resolution No. 2022-38 Exhibit C Page 94 of 102 Page 45 of 53 122 MARTIN SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 June 22, 2022 City of Sunny Isles Beach Sunny Isles Beach, Florida Attn.: Genesis Cuevas, Purchasing Manager Dear Ms. Cuevas, Martin and Sons Residential Services, Inc. will offer the same terms and conditions that are on the contract with the City of Weston RFP 2022-02. Prices quoted are in compliance with the City of Weston Contract RFP 2022-02 Pressure Cleaning Contract. Thank you very much. Sincerely, Franco Prado, Vice President Martin and Sons Residential Services, Inc. 123 MARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 June 22, 2022 City of Sunny Isles Beach Financing Department ATfN: Genesis Cuevas, Purchasing Manager We respectfully submit our quote for the described scope of work: Pre -spray and Chemical Scrub Pressure Clean: In accordance with the City of Weston RFP 2022-02 for pressure cleaning services: $0.0777 per SF Acrylic Seal Coating Application: In accordance with the City of Sunny Isles Beach agreed upon rate as of March 16, 2022: $0.3225 per SF 124 MARTIN SONS . R.ESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 March 2, 2022 City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, FL Bella Vista Bay Park ATTN: Arutro We respectfully submit our quote for the described scope of work: Pre -spray Pressure Cleaning and Acrylic Seal Coating: Bella Vista Bay Park; Approximately 5000 SQFT @ $0.3225 = $1,612.50 Includes algaecide pre -spray application to remove and treat mildew and algae; and to ensure cleaner, brighter, and longer lasting results. TOTAL: $1,612.50 125 MARTIN SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 July 5, 2022 City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, FL Gateway Park ATTN: Arturo We respectfully submit our quote for the described scope of work: Pre -spray and Chemical Scrub Pressure Clean: Porcelain Tile Walkways —11,350 SF @ $0.0896 = $881.90 Parking Garage V Floor Ramp up to 2"d Floor —16,909 SF @ $0.0896 = $1,313.83 Parking Garage Interior Walls — 2 Floors = $2,290.00 Pressure Cleaning Total = $4,458.73 Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating: City of Sunny Isles Beach Gateway Park; Includes: Interlocking Pavers: Parking Garage and Parking Lot Areas (West end) —15,941 SF @ $0.3225 = $5,140.98 Playground, Walkway and Stage Areas (East end) — 27,553 SF @ $0.3225 = $8,885.84 Total Square Footage - 43,494 SF @ $0.3225 = $14,026.82 Includes algaecide pre -spray application to remove and treat mildew and algae; and to ensure cleaner, brighter, and longer lasting results. TOTAL: $18,485.55 126 MARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 March 2, 2022 City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, FL Ocean Front Park ATTN: Arturo We respectfully submit our quote for the described scope of work: Pre -spray and Chemical Scrub Pressure Clean and Seal Coating; Includes: Heritage Park Pavers —Approximately 13,241 SF @ $0.322S = $4,270.22 Includes algaecide pre -spray application to remove and treat mildew and algae; and to ensure cleaner, brighter, and longer lasting results. TOTAL: $4,270.22 127 MARTIN SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 March 2, 2022 City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, FL Ocean Front Park ATTN: Arturo We respectfully submit our quote for the described scope of work: Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating: City of Sunny Isles Beach Ocean Front Park; Includes: Pavers Walkway and Sidewalks — Approximately 19,007 sq.ft. Clean and Seal @ $0.3225/SF = $6,129.76 Includes algaecide pre -spray application to remove and treat mildew and algae; and to ensure cleaner, brighter, and longer lasting results. TOTAL: $6,129.76 128 MARTIN SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 July 5, 2022 City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, FL Pelican Community, Park ATTN: Arturo Gonzalez We respectfully submit our quote for the described scope of work: Pre -spray and Chemical Scrub Pressure Clean and 100% Acrylic Seal Coating: City of Sunny Isles Beach Pelican Community Park; Includes: Pavers Walkway and Sidewalks and Limestone Seating Area: 8,317 SF @ $0.3225/SF = $2,682.23 Includes algaecide pre -spray application to remove and treat mildew and algae; and to ensure cleaner, brighter, and longer lasting results. TOTAL: $2,682.23 129 MARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 July 5, 2022 City of Sunny Isles Beach ATTN: Fabrizio Volpi We respectfully submit our Quote for the described scope of work: City of Weston Contract #2022-02 Piggyback Pre -spray and Chemical Scrub Pressure Clean; Includes: All Concrete Flatwork: Sidewalks Medians Curbing Gutters Aprons Interlocking Pavers Scope of Work Includes: 183rd Street from Collins Ave. to N. Bay Road N. Bay Road from 183rd Street to 178th Street 178th Street from N. Bay Road to Collins Ave. 178th Drive from 1781h Street to Church Dr. 178th Drive (North Side Only) from Church Drive to N. Bay Road Senator Gwen Margolis Park (Perimeter and Inside Flatwork) 177th Drive (North Side Only) from Atlantic Blvd. to Church Dr. Church Drive (East Side Only) from 178th Dr. to 177th Dr. 179' Drive from N. Bay Road to Atlantic Blvd. 180th Drive from N. Bay Road to Atlantic Blvd. 1811t Street from N. Bay Road to Atlantic Blvd. 182"d Drive from N. Bay Road to Atlantic Blvd. Atlantic Blvd. from 183rd Street to 1781h Street N. Bay Road from 178th Street to 174th Street 17811 Drive from N. Bay Road to 177th Dr. 177th Drive from from 178th Drive to Atlantic Blvd. Atlantic Blvd. from 178th to Collins 163rd Street Business Loop (Adjacent and Underneath Bridge) 130 Cul-de-sac medians on Collins and 163r1 Street Total Area: 263,990 sq. ft. @ $0.0777 = $20,512.02 TOTAL: $20,512.02 131 MARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 July 5, 2022 City of Sunny Isles Beach ATTN: Fabrizio Volpi We respectfully submit our quote for the described scope of work: City of Weston Contract #2022-02 Piggyback Pre -spray and Chemical Scrub Pressure Clean; Includes: All Concrete Flatwork: Sidewalks Medians Curbing Gutters Aprons Scope of Work Includes: 159th St. 172"d St. from Collins to N. Bay Rd. N. Bay Rd. from 163rd St. to 172nd St. 163rd St. from Collins to N. Bay Rd. Business Loop Inside median curb Total Area: 71,563 sq. ft. @ $0.0777 = $5,560.45 TOTAL: $5,560.45 132 MARTIN SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 March 2, 2022 City of Sunny Isles Beach Public Works Department ATTN: Arturo We respectfully submit our quote for the described scope of work: Pre -spray and Chemical Scrub Pressure Clean Restoration with Degreasing and Acid Wash; Includes: Pier Park Selected Concrete Slabs with Heavy Grease Staining: Apply Clear Acrylic Sealer to Concrete and Pavers (not including Collins Ave Sidewalks) — 6,230 SF @ $0.3225 = $2,009.18 Total: $2,009.18 133 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment `B" Martin & Sons Residential Services, Inc. — First Amendment Page 5 of 5 MARTIN & SONS RESIDENTIAL SERVICES, INC. 4581 Weston Road, Suite # 154, Weston, FL 33331 // Tel. 954-389-0220 Email: martin@martinandsons-usa.com // franco@martinandsons-usa.com PRESSURE CLEANING // PAVER SEALING — SOUTH FLORIDA SPECIALIST SINCE 1992 August 31, 2023 City of Sunny Isles Beach ATTN: Genesis Cuevas Genesis, The pricing of $0.0777/SF for pressure cleaning for Sunny Isles Beach is based on the current City of Weston Contract #2022-02 Piggyback. The pricing for seal coating of $0.3225/SF for Sunny Isles Beach is based on last year's pricing submitted to the City of Sunny Isles Beach. Scope of Work Unit Cost 2x per year SIB Right-of-ways $ 26,072.47 $ 52,144.94 SIB Collins Ave $ 25,904.87 $ 51,809.74 Pedestrian Bridge $ 2,601.27 $ 5,202.54 $ Tota 1 $109,157.22 City Park Clean Seal Total Heritage Park $ 1,028.83 $ 4,270.22 $ 5,299.05 Pier Park $ 1,142.14 n/a �$ 1,142.14 Samson Oceanfront Park $ 1,476.84 $ 6,129.76 $ 7,606.60 Pelican Community Park $ 646.23 $ 2,682.23 $ 3,328.46 Gateway Park East $ 2,140.87 $ 8,885.84 $11,026.71 Gateway Park West $ 1,238.62 $ 5,140.98 $ 6,379.60 Total $34,782.56 Grand Total $143,939.78 Please let me know if you have any questions. Thank you very much! Sincerely, Franco Prado City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Fabricio Volpi, Public Works Superintendent DATE: September 21, 2023 RE: Approval of a First Amendment to the Agreement with Martin & Son! Residential Services, Inc. RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City wishes to amend the agreement with Martin & Sons Residential Services, Inc. for additiona pressure cleaning services throughout the City, on an as -needed basis. This agreement is pursuant to the pricing terms and conditions offered to the City of Weston (via a piggyback). The City of Weston Contract RFP 2022-02 Pressure Cleaning Contract. The scope -of -work is for all rights-of-way, Collins Avenue and the pedestrian bridge. Also to include Heritage Park, Pier Park, Samson Oceanfront Park, Pelican Community Park, and Gateway Park bot[ east and west. Martin & Sons has expressed their ability and desire to provide these services pursuant to the same terms and conditions valid via the City of Weston contract. Therefore, we are requesting to approve this amendment with an amount not to exceed $143,939.78. The additional compensation provided herein will bring the total agreement to an amount not to exceed $215,939.78. FUNDING SOURCE: Funds have been appropriated in account nos.: 001-6-5720-434041-xxxxx and 110-5-5410-446007- 00000. ATTACHMENTS: Item Number: 10.G 178