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Reso 2023-3558
RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH TEAM CONTRACTING, INC. TO REPLACE THE STORM DRAINAGE AT PIER PARK, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FOUR THOUSAND SEVEN HUNDRED EIGHTEEN DOLLARS AND NINETY-ONE CENTS ($104,718.91), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is in need of a contractor to replace the storm water drainage at Pier Park ("Services"); and WHEREAS, Team Contracting, Inc. ("Contractor") is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, Sourcewell, a State of Minnesota local government unit and service cooperative, issued Invitation for Bid No. 111821 (the "Bid") titled "Indefinite Delivery -Indefinite Quantity Construction Contracts"; and WHEREAS, the Bid was awarded to the Contractor under Contract No. FL-RI0-GC03- 111821-TCI ("Contract"); and WHEREAS, the Contractor is willing and able to provide the City with the desired Services pursuant to the pricing and terms and conditions stipulated in the Bid and Contract; and WHEREAS, pursuant to Chapter 62 of the City's Code of Ordinances, purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor, are exempt from the City's competitive bidding procedures; and WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to provide the desired Services, in an amount not to exceed One Hundred Four Thousand Seven Hundred Eighteen Dollars and Ninety -One Cents ($104,718.91), which amount includes a ten percent (10%) contingency, if needed, in the amount of Nine Thousand Five Hundred Nineteen Dollars and Ninety Cents ($9,519.90), 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 Agreement. The City Commission hereby approves an Agreement with Team Contracting, Inc. to replace the storm water drainage at Pier Park, in an amount not to exceed One Hundred Four Thousand Seven Hundred Eighteen Dollars and Ninety -One Cents ($104,718.91), which amount includes a ten percent (10%) contingency, if needed, in the amount @BCL@9809FA14.docx Page 1 of 2 of Nine Thousand Five Hundred Nineteen Dollars and Ninety Cents ($9,519.90), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. 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 will become effective upon adoption. PASSED AND ADOPTED this 21s' day of Septemb 3. Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: &". A��) Iain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:5-'/V a11% V6W— onded by:/ 'e Ak674 t/C��� Vote: Mayor Svechin -(Yes) (No) Vice Mayor Josephs (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant a (Yes) (No) Commissioner Viscarra ?/ (Yes) (No) @BCL@9809FA14.docx Page 2 of 2 SUNNY SF 04 J eR AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND TEAM CONTRACTING, INC. CONTRACT NO. 2023-6780-04 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this !N,ay of September, 2023, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and TEAM CONTRACTING INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 65-1002254. RECITALS WHEREAS, the City of Sunny Isles Beach is in need of Contractor to replace the storm drainage at Pier Park ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities, which issued Invitation for Bid ("IFB") No. 111821, entitled "Indefinite Delivery -Indefinite Quantity Construction Contracts," and awarded an indefinite quantity construction agreement to Contractor (Contract No. FL-RIO-GC03-111821-TCI), beginning January 3, 2022 and terminating on December 28, 2022, with the option to renew for two additional one year terms, both of which are appended hereto as Attachment "A;" and WHEREAS, Sourcewell and the Contractor exercised the first renewal term, resulting in an extension of the contract through December 28, 2023, thereby leaving a single one-year renewal term (appended hereto as Attachment E); and WHEREAS, the City desires to enter into an agreement with Contractor, using Sourcewell's bid and resulting contract, to provide the Services, and more particularly, Contractor's price proposal, both set forth in Attachment `B," appended hereto and made part hereof, subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(I), purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachments "A" and `B" for a fixed contract price of Ninety - Five Thousand One Hundred Ninety -Nine Dollars and One Cent ($95,199.01), as set forth in Contractor's proposal to the City attached hereto as Attachment `B," plus Nine Thousand Five Hundred Nineteen Dollars and Ninety Cents ($9,519.90) for contingency, resulting in a total not - to -exceed amount of One Hundred Four Thousand Seven Hundred Eighteen Dollars and Ninety - One Cents ($104,718.91); Team Contracting Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the Sourcewell IFB No. 111821, and awarded an indefinite quantity construction agreement to Contractor (Contract No. FL-RIO-GC03-111821-TCI), as amended, which are specifically incorporated herein and made a part hereof as Attachment "A", as well as Contractor's proposal to the City, attached as Attachment `B" (hereinafter referred to collectively as "Contract Documents"). 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents. 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 Agreement 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. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall be for a period of six (6) months, commencing upon the issuance of a written Notice to Proceed by the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the date of specified in the Notice to Proceed and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, Ninety -Five Thousand One Hundred Ninety -Nine Dollars and One Cent ($95,199.01), as set forth in Contractor's proposal to the City attached hereto as Attachment `B," plus Nine Thousand Five Hundred Nineteen Dollars and Ninety Cents ($9,519.90) for contingency, resulting in a total not -to -exceed amount of One Hundred Four Thousand Seven Hundred Eighteen Dollars and Ninety -One Cents ($104,718.91). Payment to Contractor for all charges and tasks under this Agreement shall be in Team Contracting Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 made by the City in accordance with the Contract Documents and in accordance with Florida's Prompt Payment Act. 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. Team Contracting Inc. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 coverage 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 Two Million Dollars ($2,000,000) per occurrence. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ 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. ❑ Umbrella/Excess Liability Policy at a minimum of $2,000,000. The Commercial General Liability, Automobile and Umbrella policies must include the City of Sunny Isles Beach as Additional Insured, be based on a Primary /Non -Contributory basis, and include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. 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 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. WARRANTY OF SERVICES. 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) Team Contracting Inc. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax year from the date the Services are complete. 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. 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, Team Contracting Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 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 I IA(i) and A(ii) above shall be applicable hereunder. Team Contracting Inc. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 this Agreement expires or is terminated, 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. 12. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 13. 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. 14. 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: Team Contracting Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the City: Stan Morris With a copy to: City Manager City Attorney 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) 792-1776 Tel: (305) 792-1766 smorris@sibfl.net aboileau n nlaw.com If to the Daniel A. Gell Contractor: V.P./Sr. Project Manager Team Contracting, Inc. 13911 SW 42nd Street, Suite 209 Miami, FL 33175 (305) 207-9799 ext. 205 dgell@team-contracting.com 15. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. 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. C. 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. D. 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 Team Contracting Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 16. 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. 17. 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 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. 18. 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. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, 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 Team Contracting Inc. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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. 20. 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. 21. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily, and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation, or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 22. 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 Attachments "A" and `B". 23. ROHIBITION 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. Consultants 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. Consultants 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 Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant 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. 24. 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 Team Contracting Inc. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant 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, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant 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 Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 25. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. [SIGNATURE PAGE TO FOLLOW] Team Contracting Inc. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WITNESS: TEAM CONTRACTING, INC. l Z gnature Daniel A. Gell, V.P./Sr. Project Manager °o°p0p0u°aaooroap °p0p0o° o°opo 00V R °000 pp 0 0 00 oO ",!14 °°C p�yU ©vu o 0° Op00 o K * o a Print Name (�U STATE OF FLORIDA: COUNTY OF MIAMI -DADS: 000v it 111110114004" 0p0p0 oe© noon�000°°°°°o The foregoing instrument was acknowledged before me by means of 1� physical presence or " online notarization, this 2�1` day of September, 2023, by Daniel A. Gell, Vice President and Sr. Project Manager of Team Contracting, Inc. (SEAL) ELAINE QUESADA 41n �B i �%Notary Public -state of Florida �,e Commission # HH 363916 ?` My Commission Expires Oi� `\\ March 17, 2027 Personally Known Produced Identification Type of Identification Produced: __Fi;:-:7) N ry Public, State of Florida (Signature of Notary Public) EkP. ne- 0)e501c?-_, (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Team Contracting Inc. 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax AT] I= Department Head CITY OF SUNN"SLES BEACH I:• Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: A"4&0 ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Team Contracting Inc. 13 330 DocuSign Envelope ID: 2E3CE590-D04D-4E30-89D6-1B054F17701B Sourcewell a Indefinite Delivery -Indefinite Quantity Construction Contract Contract Number: FL-RIO-GC03-111821-TCI This Indefinite Delivery -Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and Team Contracting, Inc., 13911 SW 42nd Street, Suite 209 Miami, FL 33175 (Contractor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States. The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell's indefinite delivery -indefinite quantity (IDIQ) construction contracts within the Region. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 29, 2021, or the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 28, 2022, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract may be extended up to two additional one-year periods upon request of Sourcewell and with written agreement by the Contractor, not to exceed a total of three years. II. REGION The Contractor's Region is as follows: Region 10 - Southern Florida. III. ADJUSTMENT FACTORS The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information. A. Normal Working Hours Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1294. B. Other Than Normal Working Hours Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday, and Holidays. The Contractor will perform Tasks during Other Rev. 4/2021 Sourcewell IDIQ IFB #FL -111821 Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of Florida Page 1 DocuSign Envelope ID: 2E3CE590-D04D-4E30-89D6-1B054F17701B Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1304. C. Non pre -priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.2004. IV. AUTHORIZED REPRESENTATIVE A. Sourcewell's Authorized Representative is its Chief Procurement Officer. B. The Contractor's Authorized Representative is Rodolfo L Ayan. If the Contractor's Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing. Sourcewell DocuSlgned by; B : [t,VY,w�r1 y rnFn�a �nnn�asa Jeremy Schwartz, CSSBB, CPPO Title: Chief Procurement Officer Date: 1/3/2022 1 11:41 AM CST Team Contracting, Inc. DocuSlgned by: By: Lw,c�, aye Rodolfo L Ayan Title: Executive Vice President Date: 1/3/2022 1 10:35 AM CST Rev. 4/2021 Sourcewell IDIQ IFB #FL -111821 Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of Florida Page 2 Attachment "B" [C" Work Order Signature Document EZIQC Contract No.: FL-R10-GC03-111821-TCI New Work Order ❑ Modify an Existing Work Order Work Order Number.: 120784.00 Work Order Date: 09/06/2023 Work Order Title: City of Sunny Isles Beach - Piers Park Drainage Repairs Owner Name: Sunny Isles Contractor Name: Team Contracting, Inc. Contact: Richard Labinsky Contact: Rudy Ayan Phone: 305-792-1817 Phone: 305-207-9799 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC Contract No FL-RIO-GC03-111821-TCI. Brief Work Order Description: Time of Performance Estimated Start Date: 12/30/2023 Estimated Completion Date: 02/29/2024 Liquidated Damages Will apply: 11 Will notapply: Work Order Firm Fixed Price: $95,199.01 Owner Purchase Order Number: Approvals Owner Work Order Signature Document Date Coyf ractor Date Page 1 of 1 9/6/2023 Detailed Scope of Work GaiHU'J�,i�'r �I. To: Rudy Ayan From: Richard Labinsky Team Contracting, Inc. Sunny Isles 13911 SW 42nd St. Suite 209 18070 Collins Ave Miami, FL 33175 Sunny Isles, FL 33160 305-207-9799 305-792-1817 Date Printed: September 06, 2023 Work Order Number: 120784.00 Work Order Title: City of Sunny Isles Beach - Piers Park Drainage Repairs Brief Scope: Preliminary FIRevised ❑X Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see the attached Scope Work. Subject to the terms and conditions of JOC Contract FL-R10-GC03-111821-TCI. Contractor Date Owner Date Scope of Work Page 1 of 1 9/6/2023 Contractor's Price Proposal - Summary Date: September 06, 2023 Re: IQC Master Contract #: FL-R10-GC03-111821-TCI Work Order #: 120784.00 Owner PO #: Title: City of Sunny Isles Beach - Piers Park Drainage Repairs Contractor: Team Contracting, Inc. Proposal Value: $95,199.01 1. General Conditions $18,617.22 2. Drainage $24,053.76 3. Roadway $52,528.03 Proposal Total $95,199.01 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal: % Contractor's Price Proposal - Summary Page 1 of 1 9/6/2023 Contractor's Price Proposal - Detail Date: September 06, 2023 Re: IQC Master Contract #: FL-R10-GC03-111821-TCI Work Order #: 120784.00 Owner PO #: Title: City of Sunny Isles Beach - Piers Park Drainage Repairs Contractor: Team Contracting, Inc. Proposal Value: $95,199.01 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) 1. General Conditions 1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $5,000.00 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation= 5,000.00 x 1.00 x 1.0000 5,000.00 Reimbursable Fees (Permit Fees, etc.) 2 01 22 20 00 0047 HR Senior Surveyor (Party Chief) $772,51 Quantity Unit Price Factor Total Installation 16.00 x 42.75 x 1.1294 772.51 3 01 22 20 00 0048 HR Surveyor (Instrument person) $652.34 Quantity Unit Price Factor Total Installation 16.00 x 36.10 x 1.1294 652.34 4 01 22 20 00 0049 HR Surveyor (Rod Person) $464.77 Quantity Unit Price Factor Total Installation 16.00 x 25.72 x 1.1294 464.77 5 01 22 20 00 0063 HR Draft Person $691.46 Quantity Unit Price Factor Total Installation 8.00 x 76.53 x 1.1294 691.46 6 01 55 26 00 0033 MO 36" Traffic Cone With Reflective Collar $222,49 Quantity Unit Price Factor Total Installation 20.00 x 9.85 x 1.1294 222.49 7 01 56 26 00 0143 LF Temporary 6' High Chain Link Fence Panels (Portable), Up To 6 Months $2,137.95 Quantity Unit Price Factor Total Installation 300.00 x 6.31 x 1.1294 2,137.95 8 01 56 26 00 0158 BAG Temporary Chain Link Fence Panels (Portable) Sandbaglncludes placement $44.50 and removal. Quantity Unit Price Factor Total Installation 10.00 x 3.94 x 1.1294 44.50 9 01 56 26 00 0167 LF Relocate Temporary 6' High Chain Link Fence Panel, Self Standing $176.19 Quantity Unit Price Factor Total Installation 300.00 x 0.52 x 1.1294 176.19 10 01 71 13 00 0002 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback $1,894.64 Flatbed Trucklncludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid -steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom man lifts with up to 40' boom lengths, etc. Quantity Unit Price Factor Total Installation 4.00 x 419.39 x 1.1294 1,894.64 Contractor's Price Proposal - Detail Page 1 of 5 9/6/2023 Contractor's Price Proposal - Detail Continues.. Work Order Number: 120784.00 Work Order Title: City of Sunny Isles Beach - Piers Park Drainage Repairs 1. General Conditions 11 01 71 13 00 0003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor 01 22 23 00 0547 $6,560.37 Trailer With Up To 53' Bedlncludes loading, tie -down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, Quantity Unit Price hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty Total construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, x 1.1294 telescoping and articulating boom man lifts with >40' boom lengths, etc. 14 Quantity Unit Price Factor Total CYM Hauling On Paved Roads, First 15 Miles Installation 4.00 x 1,452.18 x 1.1294 6,560.37 Subtotal for 1. General Conditions $18,617.22 2. Drainage Quantity Unit Price 12 01 22 23 00 0497 MO 4'x 8' Trench Box With Up To 48" Spreaders Total $1,355.89 Quantity Unit Price Factor Total Installation 2.00 x 600.27 x 1.1294 1,355.89 1.1294 13 01 22 23 00 0547 MO 8'x 8' Manhole Box $1,34592 Quantity Unit Price Factor Total Installation 1.00 x 1,191.71 x 1.1294 1,345.92 14 01 74 19 00 0037 CYM Hauling On Paved Roads, First 15 Miles $167.21 Quantity Unit Price Factor Total Installation 157.50 x 0.94 x 1.1294 167.21 15 01 74 19 00 0037 CYM Hauling On Paved Roads, First 15 Miles $796.23 Quantity Unit Price Factor Total Installation 750.00 x 0.94 x 1.1294 796.23 16 31 05 16 00 0008 CY #57 Stone Aggregate Fill (3/8" To 1") $2,953.16 Quantity Unit Price Factor Total Installation 40.00 x 65.37 x 1.1294 2,953.16 17 31 05 16 00 0008 CY #57 Stone Aggregate Fill (3/8" To 1") $369.14 Quantity Unit Price Factor Total Installation 5.00 x 65.37 x 1.1294 369.14 18 31 05 16 00 0008 0053 MOD For Up To 8, Add $73.81 Quantity Unit Price Factor Total Installation 5.00 x 13.07 x 1.1294 73.81 19 31 23 16 13 0004 CY 12" Wide or Less, Excavation for Trenching by Machine in Loose Rockincludes $1,244.60 compacted aggregate Quantity Unit Price Factor Total Installation 95.00 x 11.60 x 1.1294 1,244.60 20 31 23 16 13 0004 0062 MOD For >50 To 250, Add $311.15 Quantity Unit Price Factor Total Installation 95.00 x 2.90 x 1.1294 311.15 21 31 23 16 13 0010 CY Backfilling or Placing Subbase for Trenches with Imported or Stockpiled $257.50 Materials by Machine Quantity Unit Price Factor Total Installation 95.00 x 2.40 x 1.1294 257.50 22 31 23 16 13 0010 0067 MOD For >50 To 250, Add $64.38 Quantity Unit Price Factor Total Installation 95.00 x 0.60 x 1.1294 64.38 Contractor's Price Proposal - Detail Page 2 of 5 9/6/2023 Contractor's Price Proposal - Detail Continues.. Work Order Number: 120784.00 Work Order Title: City of Sunny Isles Beach - Piers Park Drainage Repairs 2. Drainage 23 31 23 16 13 0013 CY Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, $415.22 Etcetera Quantity Unit Price Factor Total Installation 95.00 x 3.87 x 1.1294 415.22 24 31 23 16 13 0013 0072 MOD For >50 To 250, Add $104.07 Quantity Unit Price Factor Total Installation 95.00 x 0.97 x 1.1294 104.07 25 31 23 16 13 0016 CY Load Excess Material by Machine for Removal from Excavation for Trenching $236.61 Quantity Unit Price Factor Total Installation 50.00 x 4.19 x 1.1294 236.61 26 31 23 16 13 0016 0076 MOD For>20 To 50, Add $118.59 Quantity Unit Price Factor Total Installation 50.00 x 2.10 x 1.1294 118.59 27 31 23 16 36 0007 CY Excavation For Building Foundations And Other Structures By Hydraulic $168.28 Excavator, Backhoe, Loader in Loose Rocklncludes compacted aggregate Quantity Unit Price Factor Total Installation 25.00 x 5.96 x 1.1294 168.28 28 31 23 16 36 0007 0015 MOD For>20 To 50, Add $126.21 Quantity Unit Price Factor Total Installation 25.00 x 4.47 x 1.1294 126.21 29 31 23 16 36 0018 CY Backfilling Around Building Foundations And Other Structures By Hydraulic $70.29 Excavator, Backhoe, Loader Quantity Unit Price Factor Total Installation 16.00 x 3.89 x 1.1294 70.29 30 31 23 16 36 0018 0018 MOD For Up To 20, Add $70.29 Quantity Unit Price Factor Total Installation 16.00 x 3.89 x 1.1294 70.29 31 31 23 16 36 0021 CY Compaction Of Fill Or Subbase For Building Foundations and Other Structures $110.77 by Vibratory Plate, Air Tamper, Etcetera Quantity Unit Price Factor Total Installation 16.00 x 6.13 x 1.1294 = 110.77 32 31 23 16 36 0021 0022 MOD For Up To 20, Add $110.77 Quantity Unit Price Factor Total Installation 16.00 x 6.13 x 1.1294 = 110.77 33 31 23 16 36 0028 CY Load Excess Material For Removal From Excavation For Building Foundations $52.65 and Other Structures by Machine Quantity Unit Price Factor Total Installation 10.50 x 4.44 x 1.1294 52.65 34 31 23 16 36 0028 0026 MOD For Up To 20, Add $52.65 Quantity Unit Price Factor Total Installation 10.50 x 4.44 x 1.1294 52.65 35 33 31 11 00 0290 LF 15" Smooth Interior, Double Wall, Corrugated Polyvinyl Chloride (PVC) Pipe $4,575.43 Quantity Unit Price Factor Total Installation= 120.00 x 33.76 x 1.1294 4,575.43 36 33 31 11 00 0312 EA 15" 1/8 Bend, Smooth Interior, Double Wall, Corrugated Polyvinyl Chloride $661.65 (PVC) Quantity Unit Price Factor Total Installation 2.00 x 292.92 x 1.1294 = 661.65 37 33 42 11 00 0372 EA 15" Coupling, Corrugated High Density Polyethylene (HDPE) Pipe $87.75 Quantity Unit Price Factor Total Installation 6.00 x 12.95 x 1.1294 87.75 Contractor's Price Proposal - Detail Page 3 of 5 9/6/2023 Contractor's Price Proposal - Detail Continues.. Work Order Number: 120784.00 Work Order Title: City of Sunny Isles Beach - Piers Park Drainage Repairs 2. Drainage 38 33 42 11 00 0373 EA 18" Coupling, Corrugated High Density Polyethylene (HDPE) Pipe $21.64 Quantity Unit Price Factor Total Installation 1.00 x 19.16 x 1.1294 21.64 39 33 42 11 00 0385 EA 15" Self Adhering Gasket, Corrugated High Density Polyethylene (HDPE) Pipe $2,513.64 Quantity Unit Price Factor Total Installation 12.00 x 185.47 x 1.1294 2,513.64 40 33 42 31 00 0245 EA 4' Diameter x 8' Deep, FDOT Type P Structure Bottom $4,094.98 Quantity Unit Price Factor Total Installation 1.00 x 3,625.80 x 1.1294 4,094.98 41 33 42 31 00 0319 EA 4' Diameter FDOT Type 7 Manhole Top $577.89 Quantity Unit Price Factor Total Installation 100 x 511.68 x 1.1294 577.88 42 33 42 31 00 0529 EA 24" Diameter Cast Iron Catch Basin Frame And Cover $945.40 Quantity Unit Price Factor Total Installation 1.00 x 837.08 x 1.1294 945.40 Subtotal for 2. Drainage $24,053.76 3. Roadway 43 32 11 29 13 0006 SY 12" Thick FDOT Limerock $18,648.65 Quantity Unit Price Factor Total Installation 150.00 x 110.08 x 1.1294 18,648.65 44 32 11 29 13 0006 0008 MOD For Up To 500, Add $3,981.14 Quantity Unit Price Factor Total Installation 150.00 x 23.50 x 1.1294 3,981.14 45 32 14 11 00 0002 SF 1" To 2" Sand Bedding, Screeded $941.11 Quantity Unit Price Factor Total Installation 1,344.00 x 0.62 x 1.1294 941.11 46 32 14 11 00 0002 0112 MOD For>1,000 To 5,000, Deduct -$60.72 Quantity Unit Price Factor Total Installation 1,344.00 x -0.04 x 1.1294 -60.72 47 32 14 13 19 0002 SF 3-1/8" Thick, Precast Concrete Turf Block $4,838.35 Quantity Unit Price Factor Total Installation 400.00 x 9.40 x 1.1294 4,246.54 Demolition 400.00 x 1.31 x 1.1294 = 591.81 48 32 14 13 19 0002 0111 MOD For >100 To 500, Add $329.78 Quantity Unit Price Factor Total Installation 400.00 x 0.73 x 1.1294 329.78 49 32 14 16 00 0002 SF 4" x 8" x 2-1/4" Brick Paver, Laid Flat $14,329.10 Quantity Unit Price Factor Total Installation 944.00 x 11.93 x 1.1294 12,719.21 Demolition 944.00 x 1.51 x 1.1294 = 1,609.89 50 32 14 16 00 0002 0101 MOD For 2-3/4" Thick Paver (Vehicular), Add $8,262.69 Quantity Unit Price Factor Total Installation 944.00 x 7.75 x 1.1294 = 8,262.69 51 32 16 13 13 0009 LF 6" x 18" Cast In Place Concrete Curb - Radius $1,066.61 Quantity Unit Price Factor Total Installation 60.00 x 15.74 x 1.1294 1,066.61 Contractor's Price Proposal - Detail Page 4 of 5 9/6/2023 Contractor's Price Proposal - Detail Continues.. Work Order Number: 120784.00 Work Order Title: City of Sunny Isles Beach - Piers Park Drainage Repairs 3. Roadway 52 32 16 13 13 0009 0074 MOD For Up To 20, Add $191.32 Quantity Unit Price Factor Total Installation 20.00 X 8.47 X 1.1294 191.32 Subtotal for 3. Roadway $52,528.03 Proposal Total $95,199.01 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal: % Contractor's Price Proposal - Detail Page 5 of 5 9/6/2023 G R DIAN" Subcontractor Listing Date: September 06, 2023 Re: IQC Master Contract #: FL-R10-GC03-111821-TCI Work Order #: 120784.00 Owner PO #: Title: City of Sunny Isles Beach - Piers Park Drainage Repairs Contractor: Team Contracting, Inc. Proposal Value: $95,199.01 Name of Contractor Duties Amount oda No Subcontractors have been selected for this Work Order $0.00 0.00 Subcontractor Listing Page 1 of 1 9/6/2023 RM DocuSign Envelope ID: A004BC47-00O2-42FB-8FD4-1 01 A8F8A1 33C AGREEMENT TO MODIFY AND EXTEND SOURCEWELL CONTRACT #FL-RIO-GC03-111821-TCI THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #FL-R10-GC03-111821-TCI, is effective upon the date of the last signature below. Sourcewell and Team Contracting, Inc. ("Contractor") have entered into an Indefinite Quantity Construction Contract, Contract Number FL-R10-GC03-111821-TCI, with an initial term ending December 28, 2022, and three bilateral options to extend for an additional one-year term ("Contract"). The parties agree to modify and extend the Contract as stated below. CONTRACT MODIFICATION The following is adopted as the new CTC for the Contract effective December 29, 2022: December 2022 - Sourcewell Florida, Southern Pursuant to the Contract, Contractor's Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification. EXERCISE OF OPTION: EXTENSION Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 29, 2022 through December 28, 2023. Sourcewell DocuSigned by: E may s(6�,, By: COFD2A139D06489... Jeremy Schwartz Title: Chief Procurement Officer Date: 12/14/2022 1 10:57 AM CST Team Contracting, Inc. DocuSigned by: By: 323E9AB353EE49E... 0 0 o yan Title: Executive vice President Date: 12/14/2022 1 10:25 AM CST F� ur's es City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 • FSO (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: September 21, 2023 RE: Approval of an Agreement with Team Contracting, Inc. to Replace the Storm Drainage at Pier Park RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to replace a section of storm drainage line at the Pier Park. Thru the Sourcewell Job Order Contracting service the City has negotiated with TEAM Construction t perform these services. Sourcewell is a cooperative purchasing program that manages solicitation requirements and offers members easy access to an established network of awarded contracts. Sourcewell combines the buying power of more than 50,000 government, education, and nonprofit organizations to save government agencies time and money with their procurement process. Sourcewell issued a cooperative contracting solicitation titled: IFB #111821 Invitation for Bids fo Indefinite Delivery -Indefinite Quantity Construction (IDIQ) Contracts in the State of Florida fc construction projects related to repair, alteration, modernization, or renovation of buildings, structures, or other real property. Under IDIQ, an awarded Contractor furnishes management, labor materials, equipment, and incidental design support needed to perform the work. As a result of the solicitation, Sourcewell awarded a Job Order Contracting (JOC) contract which give access to indefinite delivery, indefinite quality construction contract services for General contracting, Item Number: 10.K 314