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HomeMy WebLinkAboutReso 2024-3647RESOLUTION NO. 2024 - 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SHORELINE FOUNDATION, INC. TO FURNISH AND INSTALL SIXTY (60) LINEAR FEET OF PRECAST PILE AND PANEL SEAWALL AT THE INTRACOASTAL SPORTS PARK, IN AN AMOUNT NOTTO EXCEED TWO HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED EIGHTY SIX DOLLARS AND THIRTY TWO CENTS ($229,786.32), 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 (the "City") is in need of a Contractor to furnish and install sixty (60) linear feet of precast pile and panel seawall at Intracoastal Sports Park ("Services"); and WHEREAS, the City of Miami Beach ("Miami Beach") issued Invitation to Bid No. 2020 -125 - AY for "Continuing Services (As -Needed) forthe Construction of Seawalls Citywide" (the "ITB"); and WHEREAS, Miami Beach awarded the ITB to, and approved an Agreement with, Shoreline Foundation, Inc. (the "Contractor") to provide construction services of seawalls citywide; and WHEREAS, the Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, pursuant to Section 62-13 (C) of the City's Code of Ordinances, purchases made under state general service administration contracts, federal, county or other governmental contracts or competitive bids with other governmental agencies are exempt from competitive bidding procedures; and WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to provide the Services to the City, in an amount not to exceed Two Hundred Twenty Nine Thousand Seven Hundred Eighty Six Dollars and Thirty Two Cents ($229,786.32), which includes a contingency in the amount of Twenty Thousand Eight Hundred Eighty -Nine Dollars and Sixty -Seven Cents ($20,889.67), 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 Shoreline Foundation, Inc. to furnish and install sixty (60) linear feet of precast pile and panel seawall at the Intracoastal Sports Park, in an amount not to exceed Two Hundred Twenty Nine Thousand Seven Hundred Eighty Six Dollars and Thirty Two Cents ($229,786.32), which includes a contingency in the amount of Twenty Thousand Eight Hundred Eighty -Nine Dollars and Sixty -Seven Cents ($20,889.67), attached hereto as Exhibit "A". @BCL@ACOAD309.doc Page 1 of 2 405 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 u n adoption. PASSED AND ADOPTED this 18th day of April, 024. ATTEST MauriOQ Betancur, (SMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: l Alf. ms::Mel fain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: .S iC y c Seconded by: Vote: Mayor Svechin (Yes) 4,(Yes) (No) Vice Mayor Lama (No) Commissioner Joseph r /(Yes) (No) Commissioner Stuyvesant _I/(Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@ACOAD309.doc Page 2 of 2 406 SV NNY ISCF u x AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH F D9, 5 AND SHORELINE FOUNDATION, INC. ° FLp° su,' CONTRACT NO. 2024-8703 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this day of April, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and SHORELINE FOUNDATION, INC., a Florida corporation (hereinafter referred to as "Contractor") whose Federal Employer Identification (FEI) No. is 59-2695595. RECITALS WHEREAS, the City is in need of a Contractor to furnish and install (60) linear feet of precast pile and panel seawall at Intracoastal Sports Park ("Services"); and WHEREAS, the City of Miami Beach issued Invitation to Bid ("ITB") No. 2020 -125 -AY "Continuing Services (as Needed) for the Construction of Seawalls Citywide," and on November 12, 2020, the City of Miami Beach entered into an Agreement with Contractor for an initial three (3) year term, terminating on November 12, 2023, with the option to renew for two (2) additional one (1) year terms, appended hereto collectively as Attachment "A;" and WHEREAS, the City of Miami Beach has exercised its option to renew its Agreement with Contractor through November 12, 2024; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Contractor has agreed to provide the Services, as more particularly described in Attachment `B," a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the City desires to enter into an agreement with Contractor, using the City of Miami Beach's solicitation information, and the resulting contract thereto, to provide the Services as described herein, and 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, the City wishes to contract with Contractor to provide the desired Services for a total amount not to exceed Two Hundred Twenty -Nine Seven Hundred Eighty -Six Dollars and Thirty -Two Cents ($229,786.32), which includes an amount of Twenty Thousand Eight Hundred Eighty -Nine Dollars and Sixty -Seven Cents ($20,889.67) for contingency; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations, and warranties, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: SHORELINE FOUNDATION, INC. 407 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 ITB No. 2020 -125 -AY, entitled "Continuing Services (as Needed) for the Construction of Seawalls Citywide," and the resulting contract, which are specifically incorporated herein and made a part hereof as Attachment "A," as well as the Contractor's proposal (hereinafter referred to collectively as "Contract Documents"), appended hereto as Attachment `B." In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Shoreline Foundation, Inc. — Contract No. 2024-8703. B. Second, the terms and conditions of ITB No. 2020 -125 -AY, entitled "Continuing Services (as Needed) for the Construction of Seawalls Citywide." C. Third, Contractor's Proposal. 3. SERVICES. Contractor shall provide equipment and Services to the City pursuant to the terms and conditions set forth in the Contract Documents, to specifically include, but not limited to, furnish and install (60) linear feet of precast pile and panel seawall at Intracoastal Sports Park, as more particularly described in Attachment "B." The Contractor shall furnish all labor, equipment, and materials necessary to furnish and install in accordance with the specifications in the Contract Documents. The Contractor is responsible for obtaining the Army Corps of Engineers, DERM, and DEP permits. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement. The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the Contractor to proceed with the work has been received by the Contractor from the City Manager or Project Manager. Contractor shall reach Final Completion of the Services within nine (9) months from the initiation specified in the NTP (once permits have been received). Time is of the essence. Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" and "Defective Work," and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. 5. COMPENSATION. The City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Two Hundred Twenty -Nine Seven Hundred Eighty - Six Dollars and Thirty -Two Cents ($229,786.32), which includes an amount of Twenty Thousand Eight Hundred Eighty -Nine Dollars and Sixty -Seven Cents ($20,889.67) for contingency, as set forth in Contractor's Proposal, attached hereto as Attachment "C," and in the Contract Documents. SHORELINE FOUNDATION, INC. 408 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Exhibit "C" for the term of the Agreement, under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager or his designee. 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. 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 SHORELINE FOUNDATION, INC. 409 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 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: A. Comprehensive General liability insurance. General Liability for Bodily Injury & Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless Agreement. Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 1. Premises and Operation; 2. Independent Contractors; 3. Products and/or Completed Operations Hazard; 4. Broad Form Property Damage; 5. Broad Form Contractual Coverage applicable to this specific Contract, including and hold harmless and/or indemnification agreement; 6. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability; and 7. $3,000,000 Umbrella/Excess Liability over and above and following the above mentioned General Liability, Employers Liability & Commercial Automobile Liabilities. The Umbrella/Excess Liability must be follow -form of the underlying policies. B. Worker's Compensation Insurance. Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. 4. Workers' Compensation in accordance with Florida Statute, including Employer's Liability of $1,000,000. Bidder agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. C. Business Automobile Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Owned Vehicles; 2. Hired and Non -Owned Vehicles; 3. Employers Non -City ship. SHORELINE FOUNDATION, INC. 410 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Builder's Risk Insurance. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value of the structure(s), building(s) or addition(s). Where the contract calls for installation of machinery or equipment, the policy must be endorsed to provide coverage on "All Risk" basis during transit and installation. The policy must be issued with a deductible of not more than $50,000 per claim. E. Professional Liability Insurance. Evidence of Professional Liability Insurance coverage for negligent acts, errors, and omissions in the amount of one million dollars ($1,000,000), with a minimum coverage of one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate. The Professional Liability policy/coverage shall be amended, if necessary, to include the following: 1. Description on the declaration describing the scope of your professional services and shall include all aspects of the services performed under this Agreement, including negligent acts, errors or omissions arising out of your operations or any qualified subconsultants and sub -tier consultants for whom you are legally liable. 2. Deletion of any exclusions pertaining to design/build liability 3. Coverage shall apply for one (1) year after the Project is complete. 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) 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. SHORELINE FOUNDATION, INC. 5 411 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, 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. SHORELINE FOUNDATION, INC. 6 412 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 1. 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. 2. 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 10A(l) and A(2) 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. SHORELINE FOUNDATION, INC. 7 413 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 the Agreement expires or is terminated 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. 12. 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 parry 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. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) (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 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 John R. McGee, Vice President Contractor: & Joseph Stanton 2781 SW 56th Avenue Pembroke Park, Florida 33023 Tel: (954) 985-0460 -istanton@shorelinefoundation.com SHORELINE FOUNDATION, INC. 8 414 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 14. 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 RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 411 Floor, Sunny Isles Beach, Florida 33160. 15. 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. 16. 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, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment SHORELINE FOUNDATION, INC. 415 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code of Ordinances of the City of Sunny Isles Beach, as amended, 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. 18. 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 to payment of interest by City. 19. 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, SHORELINE FOUNDATION, INC. 10 416 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. 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." 21. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. 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 company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is 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. 22. 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 Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." SHORELINE FOUNDATION, INC. 11 417 City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23, 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. SHORELINE FOUNDATION, INC. BY: Jo McGee, Vice President STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this 1j day of April, 2024, by John McGee, as Vice President of Shoreline Foundation, Inc. i ffn--\ (SEAL) Public state of Florida W ph P Stanton 0812My as91202COMMISSIon 4 0338flti PgL onally Known or Produced Identification _ Type of I en i 1 tion Produced: clic, State of Florida of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) SHORELINE FOUNDATION, INC. 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST:,, CIT' BY: l,X'f'- BY: Mauri io Betancur, CMC City Clerk :• Department Head Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:"Boileau ain Efor Nabors, Giblin & Nickerson, P.A., City Attorney SHORELINE FOUNDATION, INC. 13 419 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" SHORELINE FOUNDATION, INC. 14 SF-�/ 2781 S.W. 561h Avenue . Pembroke Park, Florida 33023 Phone: (954)985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com April 2, 2024 Rick Labinsky, P.E. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Fl. 33160 Reference: Design, Permit, Build Seawall Proposal. Location: 15872 Florida A1A. Dear Mr. Labinsky: As per your request, we have prepared our proposal for the marine works at the above referenced location. Shoreline Foundation, Inc. (SFI) proposes to furnish and install (60) linear feet of Precast Pile and Panel Seawall based on the City of Miami Beach Standard Seawall construction drawings (attached) sheets 12-6 and 12-7 dated 4/2020. The base price for this proposal is $208,896.65 and consists of the following: Design and Permitting -$26,500 a. Provide detailed signed and sealed drawings for submission to State, County, Federal and municipality including plans, cross sections, layout, details and calculations. b. Process all applications to agencies as necessary to secure environmental as well as local building department permits. C. Provide Boundary/Specific Purpose Survey. Estimated Permit Fees -$22,315 a. City of Sunny Isles Beach -$9,000 b. D.E.R.M. Biological Assessment -$795 c. D.E.R.M. Permit application fees -$4,970 d. D.E.R.M. Permit fees -$5,300 e. FDEP fee—$2,000 f. ACOE fee -$250.00 NOTE: These costs are estimated only. We will provide backup as we submit these items for reimbursement. Site Construction -$160,081.65 Includes the following: 1. Supply and maintenance of floating turbidity barrier for the duration of our scope of work. 2. Demolition and legal disposal of the existing concrete seawall cap as necessary to install the new pile/panel wall. Members of: Deep Foundation Institute . Pile Drivers Contractors Association . CASF 420 Design, Permit, Build Seawall Page 2 of 2 3. Furnish and install (7) 14" x 14" plumb precast piles up to 30 feet in length with 5,000 psi concrete and (8) '/2" diameter 270 K.S.I. ASTM A416 Low -Lax Strands. 4. Furnish and install (6) 14"x14" batter precast piles up to 35 feet in length with 5,000 psi concrete and (8) '/z" diameter 270 K.S.I. ASTM A416 Low -Lax Strands. 5. Furnish and install (900) square feet of 9" thick precast structural wall panels with 5,000 psi concrete. 6. Construct (60) total linear feet of cast -in-place concrete cap as per the referenced drawings. Includes (2) concrete cap drop downs, (1) at each end. 7. Furnish and install (26) cubic yards of clean sand backfill. 8. Furnish and install (20) tons of limestone rip rap boulders. 9. Certified pile driving logs. 10. Daily Vibration Monitoring. Work items listed below are excluded from our proposal and shall be handled as additional costs, to include but not limited to: 1. Mitigation or Mitigation Bonds. 2. Tree and Mangrove removal. 3. Additional backfill. 4. Demolition, repairs or modifications to existing adjacent seawall structures. 5. Any excavation or disposal of hazardous materials 6. Repair or replacement of existing utilities or irrigation systems. We appreciate the opportunity to assist you with this work. If you should have any questions concerning this proposal, please contact me at our offices. Respectfully, SHORELINE FOUNDATION, INC. �r..reg�.6er Joseph Stanton Senior Estimator 2781 S.W. 561h Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com Members of: Members of: Deep Foundation Institute . Pile Drivers Contractors Association . CASF 421 0 0 0 tc ,H N V} O 0 o I N V1• J e-1 0 0 0 Ln rH M Vi o 0 u1 M V} N 0 0 0 O N N V1• 0 0 N o V} J 0 0 0 O N N V4 0 0 O 0 V). J 0 0 0 a Ln -I V)• 0 0 to N-1 V). 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J U U)'v 7 7 7 7 7 0) co 0) (n J O ca N LL lL LL W 00 Q to Q 2 U U r-I N m d* Ln W r� 00 M or1 2 -, N r-, m ti d' -1 Ln -1 O ti 422 U — U dV3 IIVMV3S 'JNOJ aw XvW ,IZ-IE Ld O Z MIAMBEACH K=VIJC 04,2020 CONCRETE PANEL SEAWALL - 14' MAX. DEPTH G PUBLIC WORKS DEPARTMENT � 2-6 c 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PLAN VIEW A 0 W w (n m Z Z O Li L'i OJ M Ld QW QQZTp w U J m W Z ry UU p J X W a W Q F~ W Z ry Q U O p U =) J =) �wjQN Qp�UH O ZLLQ ry (nmp0 J J Q J J LL-Q�wcn o LLJ z= ~ oF- Z wp oQo =pLLJ Uwpp F - SOI - xo-2w<0 OW z - I - h 0 Q� LL- LO V)(n(n0- CV MIAMBEACH K=VIJC 04,2020 CONCRETE PANEL SEAWALL - 14' MAX. DEPTH G PUBLIC WORKS DEPARTMENT � 2-6 c 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PLAN VIEW A ALUMINUM PIPE GUARDRAIL PER FOOT INDEX 870 (IF APPLICABLE) REMOVE EXISTING SEAWALL CAP AS REQUIRED TO CONSTRUCT NEW WALL — PROVIDE N6 HOOKED DOWEL DRILL — k EPDXY 12' MIN. INTO KING PILE EXTEND PILE STRANDS 15' MIN. INTO CAP (SEE ELEVATIONS NOTE 3 ON 12-1) T.O. PROPOSED CAP MHW EL— uAVD 88 MLW EL=AVD 88,41, NEW PRECAST WHERE WAVE ACTION OR SWIFT CURRENTS ARE ANTICIPATED PLACE FOOT RUBBLE RIP—RAP (BANK AND SHORE) ON 2:1 SLOPE APPROX. TO CONTROL EROSION. PLACEMENT OF RUBBLE RIP—RAP MUST BE IN COMPLIANCE WITH ALL PERMITS. NEW 14'x14' PRECAST KING PILE AT 10'-0' O.C. WITH 12' MIN. — EMBEDMENT INTO FIRM MATERIAL PILES TO HAVE A 25 TON CAPACITY. NEW 14'x14' PRECAST BATTER PILE ADJ. TO KING PILE AT 10'-0' O.0 WITH 12' MIN. EMBEDMENT INTO FIRM MATERIAL PILES TO HAVE A 25 TON CAPACITY 4 12 D Bid 2020 -125 -AY NEW 38' WIDE x 16' DEEP CONCRETE SEAWALL CAP WITH (5) N5 CONTINUOUS BARS T&B do M3 CLOSED TIES O 12' O.C. AND (4) M3 CLOSED TIES O 4' O.C. O EACH SIDE OF EACH PILE VERIFY CAP EINFORCING BY STRUCTURAL CALCULATIONS. A WIDER PILE CAP REWIRES CITY APPROVAL. EXPOSED EDGES TO BE J' CHAMFER J ' EXISTING SEAWALL, IF PRESENT. ACTUAL CONDITIONS WILL VARY NEW SEAWALL PANEL PLACED IN FRONT OF EXISTING WALL SEE REINFORCING DETAIL ON 12-9 FOR GAPS "BETWEEN EXISTING AND 'NEW SEAWALL GREATER THAN �_— 6—INCHES, FILL WITH M57 STONE. FOR SMALLER GAPS, FILL WITH CLEAN tSAND PER SOIL NOTE 2 ON 12-1. "- y APPROX. FACE 0 EXISTING WALL PARTIALLY PAWING AND ROTATIN NOTES: 1. FOR RETAINED FILL NOT TO EXCEED V 141-0° DEPTH. 2. MINIMUM STANDARDS ARE DEPICTED ABOVE. STRUCTURE SHALL BE DESIGNED BY A LICENSED STATE OF FLORIDA STRUCTURAL ENGINEER. SIGNED AND SEALED CALCULATIONS SHALL BE PROVIDED TO SUPPORT A SECTION STRUCTURAL DESIGN. 12-6 NTS MIAMBEACH APPROVED REVISED TITLE 04,2020 CONCRETE PANEL SEAWALL - 14' MAX. DEPTH 12-7 PUBLIC WORKS DEPARTMENT 1]00 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 SECTION p 424 7/10/2020 8:04 AM LO N 11 i 8 6 8 8 8 8 8 8 8 S S 8 S 8 S S 8 8 S S S S o 8 S S o mmmmmmm mrr 6 6Q n'da6 �j onnry m ., o� 0 SSSS S 8 8 8. 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Er 9,3 - L rn N rn N vOi rn J J c m N N J d c N c 3 5 S n�2rliaZNZ� Nu `''- deo M yln m.�.� �mmm� a,-" o rj J N N m 6 n c m m m ri 6 6 4 4 4 V O N N c 6 p � N N ry IV IV IV o N _ N V` R i0 s e t t s s o r c7 o o m Lia e e e m m m m m m m m m n n c 2 tit a a a a a o D o m Lao m m m m m m O m y ami ami ami ami y o. °� i m rn N O D D D D O A J O c '9 n n n d m n n m J N c 8 2 d d d d d d o o a a a d m d d d a c S m d t C c m d d d N N T T T N !7 N d p g mg C o A w d N �5 L)0 - 0 0 0 0 6 0 0 0 nnnnnnnnnnnn - m �o --�a-- F =? d a a a Li d N N N m-- •� m m m m m m m m m O o U U U U U U U 00 00 m- �;a=_=__= z m 2 m a a a a a a a a a_____________ C7 m m m m LiaLia m m m rn rn rn v°3 rn m rn r x m A A A m A A m m A .3o L3a a a a a g a a a n o m m m m (%w, d al 3 m m m Y Y Y 00 m m lb tb lb tb lb lb m m m m m m m m m m m m m a� O 11 L1 L1 U U U LL LL ti 72 N m m ami m -- m o o AE E E c c c c c p m m --` - == c c c c c c c c c m Y a s m m m m m m U UUUU V (n (nN� - - - ---� 2�uh2'aaa mLT Lr m - m -115 '9 'S `S '9 ��.J 'a - - - - - - - - - - - - - = - - - - - - - - - - - - - - - - = - - - - - - - - - L L L A v m o c LL v ------ nc a 'E E E E E E E E E E E E E E E E �E 'E 'E 'E *E E E E E E E E E E E E E E E E E E E E E c E E LL 2 LE LE LL 2 LZ 2 lZ LL 2 LZ LZ LZ ll 2 LE LZ LZ tE LE LZ LZ LZ IL LE 2 2 LL LE LZ LL LZ U lZ LZ - LL LY K .. ry m a m Lu n m m o�� N ti M ti ti ti� o n n rmi ry ry ry ry ry ry m m m m m m m m m m a a o a� a a v a e a vai v`"i m m m .n m m .n .n (D q Iq !!!!§!!!!!§§2q§§ „_,,,,—„_„_„ ................ 7q§§§§§§&!!5§§!§ --——————— — — ———„ a a 88888888888888 ;!;!§;<;.666,d=; „_,_,,,,,_„_„ 66\6\6}}}6664)\j City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "B" SHORELINE FOUNDATION, INC. 15 O�SVNNY I"FlO tf iPG9R�0 yet 0 CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 215.135] I, S-0 I-� ( lnt�:r on behalf of Print Name Company Name certifies that 51 -tori j, o g- �gg does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. nature G�' 1 Title �; 1, ) V Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C" SHORELINE FOUNDATION, INC. 16 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, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor 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/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company re o (� "i Print Name 5. �- d0 s"s'�,r" Federal Employer Identification Number (FEIN) Date Title NG Sworn to and subscribed before me on this this __L� day of A P (2�Z �— 202/4 By �-o Au Mo G 2: E 'M Is personally known to me 0 Has produced identification (type of identification produced: ) Notary Public State of Florida Joseph P Stanton $ My Commission HH 033005 Sigr(ajurt of Notary Public ' s�' Expires 08/28/2024 Print or Stamp of Notary Public Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "D" SHORELINE FOUNDATION, INC. 17 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: Rick Labinsky, P.E., City Engineer DATE: April 18, 2024 RE: Approval of an Agreement with Shoreline Foundation Inc. for Reconstruction of the Seawall at the Intercoastal Sports Park RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City is preparing to go out to bid for the construction of a new tennis facility at the Intercoastal Sports Park, prior to proceeding with the construction, the adjacent seawall needs to be repaired. Shoreline Foundation has provided a proposal for this work for a fee of $208,896.65, which includes design, permit and build. PROCUREMENT SOURCE: The City of Miami Beach issued ITB # 2020 -125 -AY titled Continuing Services (as needed) for the Construction of Seawalls Citywide. It is the City's intent to award this contract as a push button contract for continuing services for the construction of seawalls on an "as -needed" basis citywide. Item Number: 10.1-1 403 The awarded Contractor shall perform all work required, necessary, proper for or incidental to completing the Detailed Scope of Work called for in each individual Service Order with Fix Unit Prices set forth in accordance with 2020-125- AY. Price List is saved in each of the contract records in Contract Centrals with the City of Miami Beach. When a specific project is ready for construction, the requesting department will select the awarded vendor that has the best pricing and availability for the sum of the items needed for the particular need identified, on a case-by-case basis. Pricing is to include furnishing of all materials, labor, equipment, supervision, mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or indicated in the contract documents. In accordance with the terms, conditions and pricing as set forth through the city of Miami Beach procurement process, the City of Sunny Isles Beach pursued a competitive fixed unit price proposal with Shoreline Foundation, Inc, via the mentioned active competitive piggyback contract. Pursuant to the Code of Ordinances Chapter 62, the City Manager's purchasing authority is $50,000.00. Per Code of Ordinances Chapter 62, Section 62-13, 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 not subject to the competitive procurement bidding requirements of this Code. ADDITIONAL INFORMATION: Copies of the complete contract documents are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds have been appropriated in Account No. 300-6-5720-465000-40005. ATTACHMENTS: Resolution Agreement Item Number: 10.H 404