HomeMy WebLinkAboutReso 2024-3683RESOLUTION NO. 2024 - 6P
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, WAIVING THE BIDDING REQUIREMENTS SET FORTH IN CHAPTER 62
OF THE CODE OF ORDINANCES; APPROVING AN AGREEMENT WITH C.T.
MECHANICAL CO. FOR THE REPLACEMENT AND INSTALLATION OF AN AIR
CONDITIONING UNIT AT PELICAN COMMUNITY PARK, IN AN AMOUNT NOT TO
EXCEED SIXTY THOUSAND DOLLARS ($60,000.00), 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 was in need of a contractor to replace and
install an air conditioning unit at Pelican Community Park (the "Services"); and
WHEREAS, C.T. Mechanical Co. (the "Contractor") currently services the air conditioning
units at Gateway Center and Pelican Community Park; and
WHEREAS, the Contractor is a certified and insured company with the necessary
experience to provide the desired Services to the City; and
WHEREAS, pursuant to section 62-12 of the City's Code of Ordinances, "[t]he City
Commission may authorize the waiver of competitive bidding procedures upon the
recommendation of the City Manager that it is in the City's best interest to do so, to obtain
goods and services which cannot be acquired through the normal purchasing process due to
insufficient time, the nature of the goods or services, or other factors"; and
WHEREAS, based upon the emergency nature of the Services required, and based upon
the continuity of services by Contractor as part of its ongoing maintenance of the HVAC systems
at Pelican Community Park, the City Manager has recommended that waiver of the competitive
bidding procedures as it relates to the Services as it is in the City's best interests to do so; and
WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to
provide the desired Services, in a total amount not to exceed Sixty Thousand Dollars and No
Cents ($60,000.00), which includes a contingency amount of Nine Thousand Four Hundred
Forty -Three Dollars and No Cents ($9,443.00), attached here to 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 C.T. Mechanical Co. to replace and install an air conditioning unit at Pelican Community
Park, in an amount not to exceed Sixty Thousand Dollars and No Cents ($60,000.00), which
includes a contingency amount of Nine Thousand Four Hundred Forty -Three Dollars and No
Cents ($9,443.00), attached here to as Exhibit "A".
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Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day of July
Svechin, Mayor
ATTEST:n A
APPROVED AS TO FORM
/I AND LEGAL SUFFICIENCY:
Mauri io Betanc r, CMC, City Clerk Atrain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
1
Moved • � 4.2e5f Seconded by: r 7 �Cr
Vote:
Mayor S v e c h i n C�
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
(Yes)
(No)
✓Yes)
(No)
d Yes)
(No)
es)
(No)
(Yes)
(No)
@BCL@440BBCAA.doc Page 2 of 2 148
OSJ tNY's`Ef6
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
F ,,FOpQoy BEACH AND C.T. MECHANICAL CO.
CONTRACT NO. 2024-7666
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this A day of July, 2024, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and C.T. MECHANICAL CO., a Florida
corporation, whose Federal Employer Identification (FEI) No. is 20-0002053 (hereinafter referred
to as "Contractor").
RECITALS
WHEREAS, the City is in need of a Contractor to replace and install an air
conditioning unit at Pelican Community Park, as more particularly described in Attachment
"A" ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, the City desires to enter into an agreement with Contractor to provide the
Services described in Attachment "A," subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he City
Commission may authorize the waiver of competitive bidding procedures upon the
recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods
and services which cannot be acquired through the normal purchasing process due to insufficient
time, the nature of the goods or services, or other factors;" and
WHEREAS, based upon the emergency nature of the Services required, and based upon
the continuity of services by Contractor as part of its ongoing maintenance of the HVAC systems
at Pelican Community Park, the City Manager has recommended that waiver of the competitive
bidding procedures as it relates to the Services, and under the terms and conditions set forth
herein, are in the City's best interests; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services,
as more particularly described in Attachment "A," for a total amount not to exceed Sixty Thousand
Dollars and No Cents ($60,000.00), which includes a contingency amount of Nine Thousand Four
Hundred Forty -Three Dollars and No Cents ($9,443.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the Contractor's Proposal, attached and incorporated herein as Attachment "A"
(hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between
C.T. MECHANICAL CO. 149
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 C.T. Mechanical Co.
-- Contract No. 2024-7666.
B. Second, Contractor's Proposal, appended as Attachment "A."
3. SERVICES. Contractor shall provide the Services to the City pursuant to the terms and
conditions set forth in the Contract Documents, to specifically include, but not limited to, replacing
and installing an air conditioning unit at Pelican Community Park, as more particularly
described in Attachment "A."
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
will require its employees and subcontractors to perform their work in a manner befitting the type
and scope of work to be performed. In the event that the Contractor fails to complete the Services
pursuant to the terms of this contract and City must undertake the completion of performance of
Services, Contractor agrees to indemnify the City for all costs incurred with respect to the
completion of those Services and any damages the City may suffer as a result of the Contractor's
failure to perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall be for a period of eight (8) weeks, commencing
upon the issuance of a written Notice to Proceed by the City. Payment will be made only for work
completed to the satisfaction of the City. Contractor is to commence performance of work from
the date specified in the NTP and continue in a diligent manner until completion of the Services
as proscribed herein. Contractor acknowledges that compliance with the commencement and
completion schedule is the essence of this Agreement.
The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and
"Compliance with Law," respectively, shall survive termination of this Agreement. Any and all
terms with respect to warranties, including Sections 9 and 10 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. During the term of this Agreement the City shall pay Contractor for
Services performed under this Agreement, in a total amount not to exceed Sixty Thousand Dollars
and No Cents ($60,000.00), which includes a contingency amount of Nine Thousand Four
Hundred Forty -Three Dollars and No Cents ($9,443.00). Payment to Contractor for all charges
and tasks under this Agreement shall be in accordance with the Contract Documents and the
schedule of charges reflected as reflected in Attachment "A," under the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this contract.
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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 after the Services have been completed, inspected, and found to
comply with specifications, free of damage or defect, and properly invoiced.
Payment shall be made after delivery, within 30 days of receipt of an invoice. 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. LIQUIDATED DAMAGES. Failure to complete all the work within the time specified
above, including any extension granted in writing by the City, shall obligate the Contractor to pay
the City, as liquidated damages and not as a penalty, a minimum amount equal to Five Hundred
Dollars and No Cents ($500.00) for each calendar day of delay in the completion of all the work.
If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these
unpaid liquidated damages from the monies due the Contractor.
7. 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
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income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
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 coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
A. Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000) per occurrence, and Two
Million Dollars ($2,000,000) in the aggregate.
B. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
C. Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of a combined single limit of not less
than One Million Dollars ($1,000,000) per accident.
D. Umbrella Liability policy of not less than Three Million Dollars ($3,000,000) per
occurrence.
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.
9. WARRANTY OF SERVICES.
9.1 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
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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 Any warranty required or received from a subcontractor, manufacturer, or supplier
is herein assigned and provided by the Contractor to the City effective immediately
upon completion of Services. 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
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.
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,
C.T. MECHANICAL CO.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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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.
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 I IA(1)
and A(2) above shall be applicable hereunder.
C.T. MECHANICAL CO. 6 154
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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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. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which this
Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than
in the discharge of the duties of the Contractor under this Agreement, any information which the
City designates in writing as "confidential." As a violation by the Contractor of the provisions of
this Section could cause irreparable injury to the City and there is no adequate remedy at law for
such violation, the City shall have the right, in addition to any other remedies available to it at law
or in equity, to enjoin the Contractor from violating such provisions.
13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
14. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by 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
Ricardo J. Villaverde, President
Contractor:
10451 NW 133 Street
C.T. MECHANICAL CO.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Hialeah Gardens, Florida 33018
Tel: (305) 986-2653
ctmechanical@aol.com
15. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,
or as otherwise provided by law.
C. Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided by
Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 41h
Floor, Sunny Isles Beach, Florida 33160.
16. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
17. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
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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 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 Sec.
33-3 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 should conflict in any manner or degree with the performance of Services under
this Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
19. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, 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, including any subcontractors.
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, subcontractors, 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
C.T. MECHANICAL CO. 9 157
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City.
20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
21. 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".
22. 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 `B." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
23. 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 parry to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a
subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required affidavit
C.T. MECHANICAL CO. 10 158
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
C.T. MECHANICAL CO.
0
Ric o J-' • ' averde, Pre (dent
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means of I4hysical presence or ❑
online notarization, this A_�a day of July, 2024, by Ricardo J. Villaverde, as President of C.T.
Mechanical Co.
(SEAL)
FRANCYSDIAZ
,Fa�F Comminlon # HH 143767
yrPo £X�it680ClObet18,2025
1Q1t
yp�ersonally Kn 11 _ or Produced Identification
entification Produced:
Not r iblic, ate of Florida
(Signature of ry Public)
(Print, Type, or StAmp
Conunissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
C.T. MECHANICAL CO. 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST:
:•
City Clerk
Department Head
CITY OF SU NY I LES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY: AAi4v'6�
lain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
C.T. MECHANICAL CO. 13 161
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
C.T. MECHANICAL CO. 14 162
Proposal
C. T.
Mechanical Co.
10451 North Nest 133r6 Street
Hialeah Gardens, FL 33018
Tel: (305)986_2653 Fa -x: (305)818®6881
Ctmechanical aol.com
PROPOSAL SUBMITTED TO
PHONE
DATE:
Pelican Community Park
(305) 792-1706
07/05/2024
ADDRESS
PROJECT NAME
18115 N Bay Rd
Pelican AHU 2 Replacement
CITY, STATE, AND ZIP CODE
JOB LOCATION
Sunny Isles Beach, FL, 33160
Pelican Community Park
We propose to provide labor and material for the above referenced project.
We Include:
All labor to be charged at $101.25 per hour
Removal and Disposal of existing AHU #2 equipment
Removal of all power and VFD associated with this unit
Removal and Disposal of all controls associated with this unit
Supply and return Duct removal
Install 10% more capacity changeout of AHU #2 (TRANE) Provided by the city of Sunny Isles
Transport
Provide 100% coating to prevent rust buildup
Install new VFD and electrical work
Ductwork chilled water piping
Insulation on affected areas
New controls associated with this unit
2 new control dampers (Located, returned and outside air Intake)
Assembly of the unit Inside mechanical room
Test and balance (Air and water) to achieve maximum efficiency and proper air change per minute
Crane Service
We propose hereby to furnish material and labor — complete in accordance with the above specifications, for the sum of:
Total...............................................................................................$ 50,557.00
Authorized Signature: NOTE: This proposal may be withdrawn by
Rica averde, Pres' ent us if not accepted within 30 days.
163
ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Signature
Signature
Date
Date
164
EMERGENCY PROCUREMENT JUSTIFICATION AND APPROVAL FORM
Department: Public Works
Date of Emergency:
7/1/2024
Requested By: Fabricio Volpi, PW Director
Type of Emergency:
Location of Emergency: PCP - AC for the 2nd floor
Vendor Name: C.T. Mechanical
Materials/Equipment Needed: HVAC
Requested Purchase Order Amount: $92,400.00
HVAC replacement
Expenditure Account #: 001-5-5391-446003-60000
Ordinance § 62-13. - Exemptions from competitive bidding. (D). An emergency purchase shall be done to address a situation or
occurrence of a serious nature involving urgent and immediate danger of public health, safety, and welfare, or other substantial loss
to the of city.
Reason(s) for requesting an emergency purchase:
■❑ There exists an immediate threat to public health
❑ There exists an immediate threat to public welfare
❑■ There exists an immediate threat to public safety
❑ None of the above applies. (Please attach a detailed explanation and justification for this emergency request)
Below, please provide the basis for the determination of this emergency purchase and/or the selection of the particular
contractor. Be specific with regard to specifications.
HVAC went down no AC on 2nd floor. The 2nd floors is used for the summer kids programs.
If an existing contract is not available, it is essential to procure through open market competition at the lowest obtainable price.
Time and material contract should generally be avoided.
If over $50,000, the requesting department shall place a notation on the agenda of the next regularly scheduled city commission
meeting advising of the emergency purchase.
I hereby certify that, to I
the above requested ite
Requisitioner Signature:
Department Head Signa
City Manager Signature
is accurate and request approval for the procurement of
Date: 71 t — 2 V
Date: D%/02/2y
Date: -749'/014
Rev. March 29, 2023
171
City of Sunny Isles Beach
x i 9
Finance Department - Purchasing
18070 Collins Avenue, 4:h Floor
Sunny Isles Beach, Fl. 33160
Telephone: (305) 792-1707
Purchasing@sibfl.net
EMERGENCY PROCUREMENT JUSTIFICATION AND APPROVAL FORM
Department: Public Works
Date of Emergency:
7/1/2024
Requested By: Fabricio Volpi, PW Director
Type of Emergency:
Location of Emergency: PCP - AC for the 2nd floor
Vendor Name: C.T. Mechanical
Materials/Equipment Needed: HVAC
Requested Purchase Order Amount: $92,400.00
HVAC replacement
Expenditure Account #: 001-5-5391-446003-60000
Ordinance § 62-13. - Exemptions from competitive bidding. (D). An emergency purchase shall be done to address a situation or
occurrence of a serious nature involving urgent and immediate danger of public health, safety, and welfare, or other substantial loss
to the of city.
Reason(s) for requesting an emergency purchase:
■❑ There exists an immediate threat to public health
❑ There exists an immediate threat to public welfare
❑■ There exists an immediate threat to public safety
❑ None of the above applies. (Please attach a detailed explanation and justification for this emergency request)
Below, please provide the basis for the determination of this emergency purchase and/or the selection of the particular
contractor. Be specific with regard to specifications.
HVAC went down no AC on 2nd floor. The 2nd floors is used for the summer kids programs.
If an existing contract is not available, it is essential to procure through open market competition at the lowest obtainable price.
Time and material contract should generally be avoided.
If over $50,000, the requesting department shall place a notation on the agenda of the next regularly scheduled city commission
meeting advising of the emergency purchase.
I hereby certify that, to I
the above requested ite
Requisitioner Signature:
Department Head Signa
City Manager Signature
is accurate and request approval for the procurement of
Date: 71 t — 2 V
Date: D%/02/2y
Date: -749'/014
Rev. March 29, 2023
171
�,t F
77777,777 '
2,;
Proposal
da a-.
Mechanical Co.
10451 North West 133rd Street
Hialeah Gardens, FL 33018
Tel: (305)986-2653 Fax: (305)818-688
Ctniechanical@aol.com
PROPOSAL SUBMITTED TO
PHONE
DATE:
Pelican Community Park
(305) 792-1706
06/26/2024
ADDRESS
PROJECT NAME
18115 N Bay Rd
Pelican AHU 2 Replacement
CITY, STATE, AND ZIP CODE
JOB LOCATION
Sunny Isles Beach, FL, 33160
Pelican Community Park
We propose to Drovjde labor and material for the above referenced project.
We Include:
Removal and Disposal of existing AHU # 2 equipment
Removal of all power and VFD associated with this unit
Removal and Disposal of all controls associated with this unit
Supply and return Duct removal
Provide and Install 10% more capacity changeout of AHU # 2 (TRANE)
Provide 100% coating to prevent rust buildup
Provide new VFD and electrical work
Ductwork chilled water piping
Insulation on affected areas
New controls associated with this unit
2 new control dampers (Located, returned and outside air Intake)
Assembly of the unit Inside mechanical room
Test and balance (Air and water) to achieve maximum efficiency and proper air change per minute
We propose hereby to furnish material and labor — complete in accordance with the above specifications, for the sum of:
Total...............................................................................................$ 84,000.00
Authorized Signature:
NOTE: This proposal may be withdrawn by
LIS if not accepted within 30 days.
172
ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You arc authorized to do the work as
specified. Payment will be made as outlined above.
Signature
Signature
Date
Date
173
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
C.T. MECHANICAL CO. 15 165
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment 1613"
C.T. MECHANICAL CO. 15
O� SUNNY I'l fj°
4 { P
1i4
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 215.1351
on behalf of
Print Name Company Name
certifies that a . ,� ��ires / 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.
Sig
Title
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
C.T. MECHANICAL CO. 16 167
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:Hwww.a-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 Na
O ror gnature Date
.� /;
I-le
Print Name Title
�..� aoy
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this day of 202
gy '9 , Ck o-1' tit V l 1 (, �,l(2,C l Jul
Is personally known to me
❑ Has produced identification (type of identification produced: )
Signature Not Public
,."
s W4�7tt7 Public
*: � Commis�
WpE�x�ppiifess,October 18, 2025
.I,..'r�FnFwP«..s+.W W►wiY.T1O}, ®�M'��Q�A
1.0 t 1$ /Zo2s
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"
C.T. MECHANICAL Co. 17 169
SUNNY IR
47
A •�D O' t
yf D�•F`0q, Otib
Affidavit of Compliance with Anti -Human Trafficking Laws
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking).
2. The undersigned is authorized to execute this affidavit on behalf of Entity.
Date: , 20Z`�
Entity:MexWIC'e?
Signed
Name,
Title: tlA C/
STATE OF l wL �(^
COUNTY OF 1" t ICL
The foregoing instrument was ackn wledged before me, b jeans o physical presence or O
online notarization, this �� day of 20 by
F2 rl ..0 7 /, 1 . �.. - -6 0 _— 7'1. � a � -9—
Notary Public SSiig� nnatu .
Print Name: J a Y -) L
Via, p+:.ye FRANCYSOIAZ
COMMISeion # HH 143767
Expires October 18, 2025
Bo4ad%uTroyFain Insurance800•305.7011
, who is
as identification.
State of Florida at Large (Seal)
My. commission expires: 1 D t � � Z,0��
cN C r F 6 k
rT�' of sir ca r�
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Fabricio Volpi, Public Works Director
DATE: July 18, 2024
RE: Approving an Agreement with CT Mechanical for New HVAC at Pelican
Community Park
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach desires to utilize CT Mechanical for a new HVAC at Pelican Community
Park (PCP). CT Mechanical performs the HVAC maintenance for the Gateway Park and PCP. The
current HVAC located at PCP, for the second floor is in disrepair. This HVAC is seventeen years old and
was due to be replaced in the next fiscal year. The HVAC, located on the second floor of PCP, services
the summer camp, exercise room, and computer room. CT Mechanical has agreed to replace the HVAC
with a new Trane AC in the amount of $60,000.00, which includes a 10% contingency in an amount not
to exceed $9,443.00.
ADDITIONAL INFORMATION:
This resolution also authorizes the waiver of the city's competitive bidding process. Section 62-12 of the
City's Code of Ordinances provides that, "[t]he City Commission may authorize the waiver of
competitive bidding procedures upon the recommendation of the City Manager that it is in the City's
best interest to do so, to obtain goods and services which cannot be acquired through the normal
purchasing process due to insufficient time, the nature of the goods or services, or other factors." Based
upon the emergency nature of the Services required, and based upon the continuity of services by
Contractor as part of its ongoing maintenance of the HVAC systems at Pelican Community Park, the City
Manager has recommended that waiver of the competitive bidding procedures as it relates to the
Services as it is in the City's best interests to do so.
FUNDING SOURCE:
Item Number: 10.1-1
145
Funds have been appropriated in account no. 001-5-5391-446003-60000.
ATTACHMENTS:
Resolution (Revised 7-18-24)
Agreement - (Added 7-18-24)
Emergency Purchase Authorization
Item Number: 10.1-1
146