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HomeMy WebLinkAboutReso 2014-2304RESOLUTION NO. 2014 - 30q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE AGREEMENT WITH EMPIRE TODAY, LLC, FOR THE INSTALLATION OF CARPET ON THE FOURTH FLOOR OF GOVERNMENT CENTER, IN AN AMOUNT NOT TO EXCEED SIXTY -ONE THOUSAND EIGHTY -TWO DOLLARS AND FORTY - ONE CENTS ($61,082.41), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of a contractor to install carpet floor products and accessories, installation and related services to the City; and WHEREAS, Empire Today, LLC, has expressed the ability and desire to provide these services to the City pursuant to the pricing terms and conditions offered to the City of Seattle, via RFP No. 2865; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, the City Commission wishes to approve the Agreement with Empire Today, LLC for the installation of carpet throughout the fourth floor of the Government Center in an amount not to exceed Sixty -One Thousand Eighty -Two Dollars and Forty -One Cents ($61,082.41), 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 the Agreement with Empire Today, LLC for the installation of carpet on the fourth floor of Government Center, in an amount not to Sixty -One Thousand Eighty -Two Dollars and Forty-One Cents ($61,082.41), 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. R2014- Empire Today Carpet Installation Ratify Agmt Page I of 2 PASSED AND ADOPTED this 18"' day of September 2014. ATTEST: Jane A. Hines, MMC, City Clerk APPROYY AS TO FORM AND L, SUFFICIENCY: City Attorney Vote: S--n orman S. Edelcup, Mayor r Moved by: SC_%ADLL Seconded by: avwl n,lAbtwt3N Mayor Edelcup ___ Yes) (No) Vice Mayor Aelion (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Levin V (Yes) (No) Commissioner Scholl _1,/(Yes) (No) R2014- Empire Today Carpet Installation Ratify Agmt Page 2 of 2 O SVN NY 1S4 Pfe AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH '• AND EMPIRE TODAY, LLC P FL0?" ti ,r OF SUN *° CONTRACT NO. C1314 -074 THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this U-4 day of U � , 2014 by and between the CITY OF SUNNY ISLES BEACH, (hereinafter referred to as "City "), and EMPIRE TODAY, LLC, a Corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is 3�, -4?AVo0% . RECITALS WHEREAS, City is in need of Contractor to install carpet floor products and accessories, installation and related services to the City; and WHEREAS, Contractor has expressed the ability and desire to provide these Services to the City pursuant to the pricing terms and conditions offered to the City of Seattle, via Request for Proposal ( "RFP ") No. 2865, as more fully described in the Contractor's Proposal, a copy of which is attached hereto as Attachment "A ", and incorporated herein by reference; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Sixty One Thousand Eighty Two Dollars and Forty One Cents ($61,082.41). NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to perform the Services as more particularly described in Attachment "A ". The Services shall be performed by Contractor to the full satisfaction of the City. 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. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon the date stated in a Notice to Proceed issued by the City Manager or his designee and shall terminate no later than five (5) weeks thereafter. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. 4. COMPENSATION. The Contractor agrees to provide the desired Services to the City in a total amount not to exceed Sixty One Thousand Eighty Two Dollars and Forty One Cents ($61,082.41). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in the City of Seattle, Request for Proposal ( "RFP ") No. 2865, as more thoroughly described in Attachment "A ", and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services and /or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. 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. 5. 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 2 those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 7. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not completed five (5) weeks after the date stated in the Notice to Proceed issued by the City Manager or his designee, and in the absence of any extended deadline granted by City, then the Contractor shall be required to pay a liquidated damage penalty of Three Hundred Dollars ($300.00) for each calendar day beyond this deadline, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: ❑ Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, Premises /Operations, Products /Completed Operations, Contractual, Independent Contractors, Personal Injury and Property Damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. ❑ Worker's Compensation, as required by the State of Florida Employer's Liability. ❑ Business Automobile Liability which shall include coverage for all owned, non -owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a 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 3 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. 9. WARRANTY OF SERVICES. 9.1 The Contractor shall warrant that the Services conform to the Agreement and are free of any patent and /or latent defect of the workmanship for a minimum period of one (1) year from the date of completion of Services. This warranty shall be in addition to the Contractor's "Fortis Nylon Warranty" guarantees as more particularly described in Attachment "A ", and whatever other 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. 9.2 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. 9.3 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. 10. DEFECTIVE WORK. 10.1 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. 10.2 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 4 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 fiilly, which is not cured in the cure period, the City may declare Contractor in default. 10.3 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. 10.4 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. 10.5 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. 11. 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 (and sub - Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. 5 (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 A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 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 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, CONSULTANT 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. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 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: 0 If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Contractor : Empire Today, LLC Attn: Darren Mindlin 333 Northwest Avenue Northlake, IL 60164 Tel: (866) 588 -2314 Fax: (954) 421 -6796 Email: dmindlin a empiretoday.com 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. 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 Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which could conflict in any manner or degree with the performance of the Services. 7 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. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth herein. 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and /or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A ". 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: JI n loci Kros Print Nape 4 Sign Name ATTEST: Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEGAL ,SUJTIaWCY 4.", Attorney EMPIRE TODAY, LLC �sign name of corporate officer a CITY OF SUNNY ISLES BEACH BY. orman S. Edelcup, Mayor EMPIRE TODAY' Carpet & Flooring U.S. Communities Project Quote CUSTOMER INFORMATION PROJECT LOCATION QUOTE DATE: * Quote valid for a period of 30 days from the above date NAME: Andrew Rozwadowskl TITLE: Purchasing Agent ORGANIZATION /ENTITY OR AGENCY NAME: City of Sunny Isles Beach ADDRESS: 18070 Collins Avenue TIN /EIN #: CITY / STATE: Sunny Isles Beach, FL 33160 PHONE: 305 - 792 -1953 FAX: 305 - 792 -1605 EMAIL: aroz[psibfl. net TAX EXEMPT? Y /N: y ❑ CHECK BOX IF SAME AS CUSTOMER INFORMATION NAME: ADDRESS: Labor Break Down CITY /STATE: ZIP: PHONE: EMPIRE TODAY CONTACT INFORMATION NAME: Darren Mindlin MARKET: Miami FL PHONE: 866- 588 -2314 FAX: (954) 421 -6796 EMAIL: dmindlln@ernplretoday.corn ITEM # QTY PRODUCT OR LABOR DESCRIPTION UNIT PRICE PRODUCT /LABOR SPECIAL COMMENTS AMOUNT 1 Phase I 2 80 Man Hours $56.25 $4,500.00 3 1 Project Management Fee $312.50 $312.50 4 1 Moving Crate and Equiptment Rental $262.50 $262.50 5 Phase II 6 80 Man Hours $56.25 $4,500.00 7 1 Project Management Fee $312.50 $312.50 8 1 Moving Crate and Equiptment Rental $262.50 $262.50 9 Phase III 10 80 Man Hours $56.25 $4,500.00 11 1 Project Management Fee $312.50 $312.50 12 1 Moving Crate and Equiptment Rental $262.50 $262.50 13 Phase IV 14 80 Man Hours $56.25 $4,500.00 15 1 Project Management Fee $312.50 $312.50 16 1 Moving Crate and Equiptment Rental $262.50 $262.50 17 18 48 Man Hours $56.25 $2,700.00 19 1 lProject Management Fee 1 $125.00 1 1 $125.00 20 1 Moving Crate and Equiptment Rental 1 $225.00 1 1 $225.00 Special Project Instructions: Break out of labor rates only by Phase of project. Cost already stated on Master - Floor. Customer Approval: Date: QUOTE #: USC2657 -03 This quote is for completing the project as described above. It is based on our evaluation and does not include material price increases or additional labor and materials which may be required should unforeseen problems or adverse weather conditions arise after the work has been initiated. SUB TOTAL $23,350.00 TAX TOTAL $23,350.00 Phone: 866 -588 -2353 • Fax: 866 - 588 -2393 • Email: uscommunities0o empiretoday.com Final- USC- City_of_Sunny_lsles_U ATTACHMENT "A" F -1139 Rev. 1 EMPIRE TODAY' Carpet & Flooring U.S. Communities Project Quote CUSTOMER INFORMATION PROJECT LOCATION QUOTE DATE: 8/6/2014 * Quote valid for a period of 30 days from the above date NAME: Andrew ROZWadowski TITLE: Purchasing Agent ORGANIZATION /ENTITY OR AGENCY NAME: City of Sunny Isles Beach ❑ CHECK BOX IF SAME AS CUSTOMER INFORMATION NAME: ADDRESS: same CITY /STATE: ZIP: PHONE: ADDRESS: 18070 Collins Avenue EMPIRE TODAY CONTACT INFORMATION TIN /EIN #: CITY / STATE: Sunny Isles Beach, FL 33160 PHONE: 305- 792 -1953 FAX: 305 - 792 -1605 EMAIL: aroZ sibfl. net TAX EXEMPT? Y /N: y NAME: Darren Mindlin MARKET: Miami FL PHONE: 866- 588 -2314 FAX: (954) 421 -6796 EMAIL: dmindlln em iretoda .com ITEM # QTY PRODUCT OR LABOR DESCRIPTION UNIT PRICE PRODUCT /LABOR SPECIAL COMMENTS AMOUNT 1 1307 Bigelow Spectrum V36 oz. Broadloom Carpet 14.55 SY $19,016.85 2 40 Roberts - 6700 -4 I/O Carpet Adhesive $30.38 $1,215.20 3 1307 Broadloom Carpet Freight $0.33 $431.31 4 1307 Broadloom Carpet Installation Labor $7.50 $9,802.50 5 1071 Broadloom Carpet Take -up Labor $1.25 $1,338.75 6 1307 Floor Prep Labor $0.38 $496.66 7 2321 LF Stocked Wood Wall Base $2.34 $5,431.14 8 1 Outsourced Furniture Move Labor $23,350.00 ** see break down below $23,350.00 9 1 Recovery and Consolidation $0.00 Carpet Recycling $0.00 10 11 12 13 14 15 16 17 18 19 20 Special Project Instructions: Job is expected to take place during evening hours and or weekend hours, projected schedule to encompass 5 weekends. Customer Approval: Date: QUOTE #: USC2657 -03 This quote is for completing the project as described above. It is based on our evaluation and does not include material price increases or additional labor and materials which may be required should unforeseen problems or adverse weather conditions arise after the work has been initiated. SUB TOTAL $61,082.41 TAX $0.00 TOTAL $61,082.41 Phone: 866 - 588 -2353 • Fax: 866- 588 -2393 • Email: uscommunitiescaempiretoday.com Copyright ©2011 Empire Today, LLC Final- USC- City_of_Sunny_lsles_USCQUOTE F -1139 Rev. 1 Fortis Nylon Warranty Exclusive to Karastan, Lees, Bigelow, and Durkan. © The Mohawk Group 500 TownPark Lane Suite 400 800.554.6637 Kennesaw, GA 30144 www.mohawkind.com KARASTAN LEES Bigelow 10 DURKAN Fortis Nylon This limited warranty applies only to purchasers of The Mohawk Group carpet for indoor commercial installations. This warranty applies only to those products specifically designated by the Mohawk Industries, Inc. in writing. This warranty applies to indoor commercial installations only. The use of Mohawk branded adhesives are required to ensure optimum results and are the only approved adhesives that Mohawk Industries will warrant. Failure to use Mohawk branded adhesives will result in warranties being null and void. Provided the designated carpet has been properly installed and maintained in the specified commercial location in strict accordance with The Mohawk Group's instructions and procedures and Owner meets its obligations hereunder, including the use of The Mohawk Group's adhesives, The Mohawk Group (subject to the following limitations and remedies) warrants to Owner the following: I. Items Under Warranty: 1. Wear - Mohawk warrants that the carpets constructed of Fortis Nylon 6,6 will not wear more than 10% of its surface pile weight from abrasive wear for the life of the carpet. By abrasive wear is meant fiber loss from the carpet through normal abrasion, not crushing or flattening of the carpet pile in any area, nor staining, soiling, fading or change in carpet appearance, nor fiber loss due to abnormal usage of the carpet. 2. Static Protection - The Mohawk Group warrants that the carpets constructed of Fortis Nylon 6,6 will not generate static greater than 3.5 KV when tested under AATCC Test Method 134, for the life of the carpet. II. Limitations - This warranty does not include: 1. Disfigurement or damage caused by abnormal use or any damage to the carpet not arising out of defects in the carpet. For example, the warranty does not cover tears, burns, pulls, cuts, installation on stairs, damage resulting from improper cleaning agents or methods, or damage in transit. 2. This warranty specifically excludes general soiling, discoloration, appearance change, due to pile distortion, and exposure to substances or contaminants which degrade or destroy nylon yarn or the color of the carpet. Also, this warranty specifically excludes carpet which has been surface treated with materials not recommenced or approved by The Mohawk Group, or which has been subjected to abnormal use or conditions or to cleaning agents or maintenance methods not recommended or approved by The Mohawk Group. 3. Abuse by any athletic equipment such as roller skates, ski boots, or golf shoes. 4. Differential fading from light exposure, dye lot differences, and soiling. 5. Any condition that would have been visible upon inspection prior to installation. 6. Any condition resulting from other than ordinary wear, or from any use for which the product was not designed. © The Mohawk Group Exclusive to Karastan, Lees, Bigelow and Durkan. Fortis Nylon III. Obligations of Owner: 1. The Owner must submit notice of all claims under this limited warranty to Mohawk within the installed life of the carpet from the date of carpet installation. 2. Claims must be submitted in writing and delivered to: Mohawk Commercial Carpet Attention: Commercial Operations 443 Nathaniel Drive East Dublin, GA 31021 3. All areas in which carpet is to be replaced under the terms of this limited warranty must be cleared of all equipment, furnishing, partitions, and the like that have been installed over the carpet subsequent to the original carpet installation, at Owner's expense. IV. Warranty Remedies: 1. After receipt of proper written notice of claim, The Mohawk Group will designate a representative to inspect the carpet with the Owner's representative and The Mohawk Group will meet all warranty obligations. 2. Subject to any monetary adjustment as may be agreed upon in writing by The Mohawk Group, and subject to the above warranty limitations and Owner obligation, The Mohawk Group shall repair or, in its sole discretion, replace any designated carpet sold by it containing a defect covered by the above Sentry Plus Limited Warranty, at no expense to the Owner. 3. Any replacement will be made with a comparable product selected by The Mohawk Group from the then current Mohawk Group running line. However, The Mohawk Group's obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By way of example and not limitation, damages arising from the interruption of use of the spaces affected, nor expenses in removing furniture from the affected area be included in our obligation. 4. The remedies provided in connection with the Sentry Plus Limited Warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of The Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(s) set by dealer, owner, or any third party. In no event shall The Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a Representative of The Mohawk Group authorized to do so. Please Note: Some States do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts. The above limitation or exclusion may not apply to you. You have legal rights under this warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Except for these rights, the remedies provided under this warranties state the limit of Mohawk Carpet Corporation responsibilities. © The Mohawk Group Exclusive to Karastan, Lees, Bigelow and Durkan. Fortis Nylon V. Mediation /Arbitration: If a dispute arises out of or relates to this limited warranty, or the breach thereof, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules in Atlanta, Georgia, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this limited warranty, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Atlanta, Georgia and in accordance with its Commercial Arbitration Rules, and judgment upon the Award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 2. Neither party nor the arbitrators may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. 3. Arbitrators shall be appointed as provided in the American Arbitration Association Commercial Arbitration Rules. 4. In rendering the award, the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of Georgia. © The Mohawk Group 5/08 MG812 SLT0002532 a� FttO�`� owl TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 9/18/2014 Resolution Approving an Agreement with Empire Today, LLC for Carpet on the Fourth Floor of the Government Center RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: The City has qualified Empire Today, LLC ( "Contractor ") pursuant to the pricing and terms and conditions offered to the City of Seattle, via Request for Proposal ( "RFP ") Number 2865. The Contractor will install new carpet throughout the fourth floor of the Government Center in an amount not to exceed $61,082.41 At a later date, staff will be requesting permission from the Commission to spend additional monies with this vendor to replace the carpet on the remaining floors. FUNDING SOURCE: Funding has been appropriated in Account No. 10- 534 -5666 ATTACHMENTS: • Resolution • Agreement Agenda Item No. IOW Date 9/18/2014 458