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HomeMy WebLinkAboutReso 2025-3786RESOLUTION NO. 2025 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH IAM ELECTRIC, INC. FOR STREET LIGHTING PREVENTATIVE MAINTENANCE AND AS - NEEDED ELECTRICAL SERVICES, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-TWO THOUSAND DOLLARS AND NO CENTS ($372,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 18, 2024, via Resolution No. 2024-3610, the City Commission of the City of Sunny Isles Beach (the "City") awarded Invitation to Bid (the "ITB") No. 23-11-01 to, and approved an agreement with, IAM Electric, Inc. (the "Contractor") to provide street lighting preventative maintenance services (the "Services"), in an amount not to exceed $120,000.00; and WHEREAS, on April 14th, 2024, via Resolution No. 2024-3650, the City Commission approved a First Amendment to the Agreement with the Contractor to revise the frequency of the Services from bi-weekly,to monthly, and to provide additional "as -needed" electrical services ("Additional Services"), in an amount not to exceed $100,00.00; and WHEREAS, the City is in need of an electrical contractor to underground existing above ground connections related to the Golden Shores Utility Undergrounding Project ("Undergrounding Services"); and WHEREAS, the Contractor has submitted a quote to provide the Undergrounding Services; and WHEREAS, the City Commission wishes to approve a Second Amendment to the Agreement with the Contractor to provide the City with the Undergrounding Services,, in an amount not to exceed Three Hundred Seventy -Two Thousand Dollars and No Cents ($372,000.00), bringing the total contract amount not to exceed Five Hundred Ninety -Two Thousand Dollars and No Cents ($592,000.00), 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 Second Amendment. The City Commission hereby approves a Second Amendment to the Agreement with the Contractor to underground existing above ground connections related to the Golden Shores Utility Undergrounding Project, for an amount not to exceed Three Hundred Seventy -Two Thousand Dollars and No Cents ($372,000.00), bringing the total contract amount not to exceed Five Hundred Ninety -Two Thousand Dollars and No Cents ($592,000.00), attached hereto as Exhibit "A". @BCL@100C5DB3.doc Page 1 of 2 Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said First Amendment to the Agreement, and to do all things necessary to effectuate this Resolution. Section 3. ATTEST: Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of)anua y, 2025. Mauriclo Betancud, CMC, City Clerk Larisa Svechin, Mbyor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: JQP� in E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:�®�i�/.SS/l�il/�� %g,, econded by: (_® ,�SS/O �lJsoow— Vote: Mayor Svechin Vice Mayor Lama �es) (Yes) Commissioner Joseph v;'/(Yes) Commissioner Stuyvesant Yes) Commissioner Viscarra (Yes) (No) (No) (No) (No) (No) @BCL@100C5DB3.doc Page 2 of 2 438 �O SONNY IS�Fs� _ T V Iz ' SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY ye '�•FL00.�0 ybr °r o, SAN nNV OF SUNNY ISLES BEACH AND IAM ELECTRIC, INC. CONTRACT NO. 2024-7420 THIS SECOND AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and IAM ELECTRIC, INC., a corporation authorized to do business in the State of Florida, whose Federal Employer Identification (FEI) No. is 83-2450520 ("Contractor"), executed thisI rday of January, 2025, is made a part of the original Agreement between the City and Contractor, dated January 22, 2024 ("Agreement"), as amended on April 25, 2024, collectively attached hereto as Attachment "A." The City and Contractor hereby agree as follows: 1. THE CONTRACT DOCUMENTS. City and Contractor wish to amend Section 2 of the Agreement, entitled "The Contract Documents" to include and incorporate as part of the Contract Documents, the Contractor's Quote, which is appended hereto as Attachment `B." 2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5 of the Agreement, entitled "Compensation," to provide additional compensation in an amount not to exceed Three Hundred Seventy -Two Thousand Dollars and No Cents ($372,000.00). The additional compensation provided herein will bring the total Agreement not to exceed amount to Five Hundred Ninety -Two Thousand Dollars and No Cents ($592,000.00). 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated January 22, 2024, as amended, shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Attachments "A" and `B." [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] IAM ELECTRIC, INC. — SECOND AMENDMENT Page 1 of 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Islcs Beach; Florida 33160 (305) 947-0606 phone (305)949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date mentioned above. IAM ELECTRIC, INC. BY: Ignacio Aguilera, President STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of hysical presence or ❑ online notarization, this 05day of January, 2025, by Ignacio Aguilera, as President of IAM Electric, Inc. (SEAL) Notary PuUrrc,a (Signature of Notary Public) FERNRNDO A S�TIAGO ��SARY q Notary Public `—' State of Florida z Comm# HH160851 ws�N a J91� Expires 8/9/2025 • l (Print, Type, or St4np Commissioned Name of Notary Public) Personally Known or Produced, Identific t' n ` Type of Identification Produced f L [ADDITIONAL SIGNATURE PAGE TO FOLLOW] IAM ELCc-riuc, INC. — SECOND AMENDMENT Page 2 of 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax AT'I CITY OF SUNNY ISLES BEACH Larisa Svechin, APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: � �" � 41- /� Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney IAM ELECTRIC, INC. — SECOND AMENDMENT Page 3 of 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A IAM ELECTRIC, INC. — SECOND AMENDMENT Page 4 of 5 Op yNNY sF �(J FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF > - SUNNY ISLES BEACH AND IAM ELECTRIC, INC. yt a)+FLOP\° 0 CONTRACT NO. 2024-7420 THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and IAM ELECTRIC, INC., a corporation authorized to do business in the State ofrida, w os Federal Identification Number is 83-2450520 ("Contractor"), executed this R Mday of 91 L� , 2024, is made a part of the original Agreement between the City and Contractor, dated January 22, 2024 ("Agreement"), attached hereto as Attachment "A." The City and Contractor hereby agree as follows: 1. THE CONTRACT DOCUMENTS. City and Contractor wish to amend Section 2 of the Agreement, entitled "The Contract Documents" to include and incorporate as part of the Contract Documents, the Contractor's amended schedule of rates for monthly Services, which is appended hereto as Attachment `B." 2. SERVICES. City and Contractor also wish to amend Section 3 of the Agreement, entitled "Services" to provide for monthly preventative street lighting maintenance, effective May 1, 2024, to various locations within the limits of Sunny Isles Beach, and to provide as -needed electrical services. Section 3 is amended as follows: Contractor shall supply all labor, materials; tools, and equipment necessary to provide bi- monthly monthly preventative street lighting maintenance ("Group V) to the locations listed in the Contract Documents, within the limits of Sunny Isles Beach, and to provide as -needed electrical services ("Group 2"). Except as specifically modified herein, all remaining terms and conditions of Section 3 shall remain in full force and effect. 3. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5 of the Agreement, entitled "Compensation," to provide additional compensation in an amount not to exceed One Hundred Thousand Dollars and No Cents ($100,000.00). The additional compensation provided herein will bring the total Agreement not to exceed amount to Two Hundred Twenty Thousand Dollars and No Cents ($220,000.00). 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated January 22, 2024, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Attachments "A" and "B." [SIGNATURE PAGE TO FOLLOW] IAM ELECTRIC, INC. — FIRST AMENDMENT Pagel of5' 441 ii City of Sunny Isles Beacl: 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone '(305) 949-3113 Fax .. i IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. :l IAM ELECTRIC, INC. BY: Ignacio Aguilera, President STATE OF` FLORIDA: COUNTY OF MIA-MI-DADE: The foregoing instrument w acknowledge before me by means of physical. presence or 11 online notarization; this n-Y�ay of , 2024, by Ignacio Aguilera';. as Presideat of IAM Electric, In SEAL) ��� pppMp Notary hc, State of Florida a Notary Public (Signature of Notary Public) State of Florida, Comm# HH281973 EVIrw 6/28/20.16 t ' rint, Type, or Stamp Commissioned Name of Notary Public) Personally Known , or Produced Identification Type e of Identification Produced: [ADDITIONAL SIGNATURE PAGE TO FOLLOW] r ; U, !Va s s 1AMF1,FCTa1C' TWO=MRSTAMENDMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 .(305) 947-0606 phone (305) 949-3113 Fax ATTEST:, CITY OF SU ISLES BEACH mm Clerk Larisa Nvechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: / �Ilain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney 443 IAM ELECTRIC, INC. — FIRST AMENDMENT Page 3 of S ' SJNNY IsB o 'sR `= AGREEMENT BETWEEN THE CITY OF SUNNY •• ` ```` ' ISLES BEACH AND IAM ELECTRIC INC. A~P'D. PLoo'� CONTRACT NO. 2024-7420 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, thisay of January, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and IAM ELECTRIC, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 83-2450520, RECITALS WHEREAS, the City is in need of contractors to supply all labor, materials, tools, and equipment necessary to provide bi-monthly preventative street lighting maintenance to various locations within the limits of Sunny Isles Beach, and to provide as -needed electrical services ("Services"); and WHEREAS, the City issued an Invitation to Bid, ITB No. 23-11-01, entitled "Street Lighting Preventative Maintenance & As -Needed Electrical Services," a copy of which is attached hereto as Attachment "A" and incorporated herein by reference; and WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest responsible and responsive bid, and was selected as the primary Contractor; and WHEREAS, Contractor is a certified and insured entity with the necessary experience to provide the desired Services; and WHEREAS, the Contractor has agreed to provide the Services, as more particularly described is the Contract Documents; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in the Contract Documents and as defined herein for One Hundred Twenty Thousand Dollars and No Cents ($120,000.00); NOW THEREFORE, in consideration of the promises and the mutual covenants herein named, the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference.. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of ITB No. 23-11-01, entitled "Street Lighting Preventative Maintenance & As -Needed Electrical Services, and Contractor's response thereto which are specifically incorporated herein as Attachments "A' and `B" respectively (referred to collectively as "Contract Documents"). 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents, including but not limited to, those Services included in the Scope of Work for "Group 1 and Group 2" ("Services"), as more specifically set forth in IAM Electric, Inc. 271 444 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A." Contractor shall supply all labor, materials, tools, and equipment necessary to provide bi-monthly preventative street lighting maintenance ("Group 1") to the locations listed in the Contract Documents, within the limits of Sunny Isles Beach, and to provide as -needed electrical services ("Group 2"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall be for an initial three (3) year term, commencing February 1, 2024. Prio to, or upon completion of the initial term, the City has the option, at its sole discretion, to renew this Agreement for one (1) additional two (2) year period. The terms of Sections 18 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with the Invoicing provisions contained in ITB No. 23-11-01, attached hereto as Attachment "A." If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City IAM Electric, Inc 2 272 445 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as. it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: a. Comprehensive General Liability Insurance. General Liability for Bodily injury & Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless Agreement. Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: • Premises and Operation; IAM Electric, Inc 3 273 446 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Independent Contractors; Products and/or Completed Operations Hazard; Broad Form Property Damage; o Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. o Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. $3,000,000 Umbrella/Excess Liability over and above and following the above mentioned General Liability & Commercial Automobile Liabilities. b. Business Automobile Liability. Business Automobile .Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles; Hired and Non -Owned Vehicles; Employers' Non -City ship. Before starting the Services, Contractor will file and make sure that all certificates of insurance required by this document and by the Contract Documents are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above -referenced policies. Contractor agrees that if any part of the Services under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub -Contractors) to furnish to them insurance certificates similar to those required by the City in this section. Worker's Compensation Insurance. Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act, and Workers' Compensation in accordance with Florida Statute, including Employer's Liability of $1,000,000. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment d. Professional Liability Insurance. If required for a specific project, the Contractor must be able to furnish a Professional Liability Insurance coverage for negligent acts, errors, and omissions in the amount of one million dollars ($1,000,000), with a minimum coverage of one million dollars ($1,000,000) per. occurrence and one million dollars ($1,000,000) IAM Electric, Inc 274 447 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax aggregate. The Professional Liability policy/coverage shall be amended, if necessary, to include the following: • Description on the declaration describing the scope of your professional services and shall include all aspects of the services performed under this Agreement, including negligent acts, errors or omissions arising out of your operations or any qualified sub - consultants and sub -tier consultants for whom you are legally liable. • Deletion of any exclusions pertaining to design/build liability. • Coverage shall apply for one (1) year after the Project is complete. e. Cancellation and Re -Insurance. It shall be the responsibility of the bidder and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. WARRANTY OF SERVICES. It is intended by the Parties that the City obtain the most expansive warranty services available in the Contract Documents. Unless otherwise provided in Attachments "A" and `B," the Contractor's Warranty of Services shall be as follows: 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's IAM Electric, Inc S 275 448 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 8.2" Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 9. DEFECTIVE WORK. 9.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or, remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such longer period of .time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, 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 IAM Electric, Inc 6 276 449 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 9.5 Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In. the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 10A(1) and 10A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in iAIv[ Electric, hie 277 450 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. It. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Agreement expires or terminates for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either 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. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: . Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach - City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau@ngnlaw.com If to the Ignacio Aguilera, President Contractor: 10775 SW 52 Terrace Miami, Florida 33157 Telephone: 786 760-2668 IAM Electric, Inc 8 278 451 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ignacioiamelectricinc@,yahoo.com 14. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local 'and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. IAM Electric, Inc 9 279 452 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The Contractor will take affirmative action to 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. 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be. employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. IAM Electric, Inc 10 iR(1 453 City. of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 19. 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 One Hundred Dollars ($100) for each calendar day of delay in the completion of all the work. The liquidated damages will be defined per project. 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. 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) br more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 23. &VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify IAM Electric, Inc 11 95H 454 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax . system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 24. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the Agreement, Contractor, and managers, employees, independent contractors, and any subcontractors of Contractor (collectively "Personnel") that will perform work under this Agreement shall be required to undergo a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to perform work under this Agreement. The background check will be performed by the City's Human Resources Department, at the Contractor's sole expense. Failure of Contractor to comply with this provision, shall be cause for termination of the Agreement. 25. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [SIGNATURE PAGE TO FOLLOW] IAM Electric, Inc 12 282 455 0(v gl'Srtnrrp Isles Beach 18070 Collins. I/�Venlll, Sump Isles Ilcftch, Florida 33160 (305) 94740(')06 plume (30S) 919-3113 I m IN WITNESS �1'1Il RI�,OI�', the parties hereto have executed this Agreement in duplicate �xI the day anal year lust written above, NV1'1'NFtiS; IAM [;I. ECT111C, INC. I' Signatur(' 13y: Ignacio Aguileta, President /-CnG Print Name •A 7 `f STATE OF FLORIDA: COUNTY OF MIAMI -DADS: The foregoing instrument was acknowledged before me by means of ephysical presence or ❑ online notarization, this day of January, 2024, by Ignacio Aguilera, as President of [AM Electric, Inc. r (SEAL) lotaky Public, State of Florida (Signature of Notary Public) JASMINE HOLLOWLY �t Notary Public State of Florida - C1Commit HH299769 ��SiYlr n P atc� �6 Expires!/11/2026 (Print, Type, or Stamp I� Commissioned Name of Notary Public) Personally Known _ or Produced Identification ' Type of Identification Produced: CLZ)— j,CxSn to d [ADDITIONAL SIGNATURE PAGE TO FOLLOW[ IAM filectric, hu 13 456 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax CITY OF SU SLES BEACH *ciu By: r, City Clerk Larisa Sve hin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By. v. A ain E- Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney IAM Electric, Inc 14 284 457 Contract Amendment Monthly March 2024 INVITATION TO BID 23-11-01 ELECTRICAL SERVICES DESCRIPTION OF WORK GROUP 1- MAINTENANCE AND SERVICE OF STREETLIGHTS - MONTHLY ITEM DESCRIPTION OF WORK NO. (lam - 5pm MONDAY - NO. QTY PER LIGHT EXTENDED 1 Maintenance and service per streetlight for 1 44W 7=2 $97 streetlights to include labor and equipment. 2 JOURNEYMAN $ $ COLLINS AVE PER EXHIBIT A 156 4V The City will supply Ballast and Light Bulbs ELECTRICIAN'S HELPER $ $ for this Group $ $ 2 Maintenance and service per streetlight for $ 41W RN5 5 streetlights to include labor and equipment. $ $ GOLDEN SHORES PER EXHIBIT B The 130 M 6 City will supply Ballast and Light Bulbs for $ $ this Group mm $ $ 3 Maintenance and service per streetlight for $ n 1 COMPRESSOR OPERATOR streetlights to include labor and equipment. Isjl 9 CRANE TRUCK WITH OPERATOR State Road 826 (163rd Sunny Isles Blvd) PER 18 10 Maintenance of Traffic (MOT) Only a maximum EXHIBIT C. The City will supply Ballast and 5% markm on MOT Light Bulbs for this Group $ $ MONTHLY GROUP 1 $ $ . TOTAL ANNUALGROUP 1 3 GROUP 2 - ADDITIONAL LABOR, SERVICES & MATERIALS - CITYWIDE AS -NEEDED ITEM DESCRIPTION OF WORK REGULAR HOURS OVERTIME $ NO. (lam - 5pm MONDAY - HOURLY FRIDAY) RATE 1 MASTER ELECTRICIAN $4V $97 2 JOURNEYMAN $ $ 4V 3 ELECTRICIAN'S HELPER $ $ 4 BUCKET TRUCK WITH OPERATOR $ $ 3W 5 ONE PERSON INDOOR LIFT TO A $ $ MAXIMUM OF 45' FT IUD M 6 PULL BOXES (FURNISH & INSTALL) $ $ mm 7 MINI EXCAVATOR WITH OPERATOR = $ $ n 8 COMPRESSOR OPERATOR $ Isjl 9 CRANE TRUCK WITH OPERATOR $ (j $j 10 Maintenance of Traffic (MOT) Only a maximum $ LS (Lump Sum) Mark-up 5% markm on MOT PER LINEAR FOOT - LF I TRENCHING $ Cj 2 DIRECTIONAL BORING $ MARK-UP ON O.E.M. / MSRP List for parts n % 458 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B IAM ELECTRIC, INC. — SECOND AMENDMENT Page 5 of 5 f) i ilk �4 Electric INC. FOR City Of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach FL 33160 United States convert to underground the houses in golden shores QUOTE IAM ELECTRIC INC 1 i2 TERRA, -,E t•,lianu Fl_ ",315% '.Hued States ig^aci� ��an �clect; icux:i[p,�_�+��nacr,m Quote No.: 165 Issue date: 1/9/2025 Valid until 2/9/2025 DE�CRIRTION fU�r(TITYI'UNITrR�t((3Fs'($�' I`►jIOUNTi(�� DESCRIPTION OF THE JOB SCOPE OF WORK connect the existing underground polypipe from the ground level to the meter can in the required locations install PVC junction boxes and run PVC SCH 80 from the new junction box to the existing meter can NOTES - this quote is only for permits, labor, and equipments -if something is required to do what is not included in the scope of work will be charged at the same labor and equipment rate separate (example ) replace meter can , do new grounding system relocate the meter can or electrical panel etc permits fees or process fees not included in this estimate the contractor will provide the license and the sign to pull the required permits but will no be present at the inspection or process to pull permits - if any deficiency if found for part of the city or utility company in any of the existing installation . To correct that the contractor will charge at the same labor and equipment rate - no materials included in this estimate -if this quote is approved we require 30% down payment before the project starts LABOR AND EQUIPMENT -UE 20001-1 x 43$/H =. 86000$ -E/H 2O00H x (5) x 25$ x H =2500005 -BiT I OOOH x 36$/H = 36000$ TOTAL (USD): 372,000.00 372,000.00 $372,000.00 Tp aF s:1 ci rx+ 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: January 16, 2025 RE: Second Amendment to Agreement with IAM Electric, Inc. for Street Lighting Preventative Services RECOMMENDATION: Staff recommends approval of this Resolution. 11�iF��Ii<��I The City is nearing completion of the Golden Shores Undergrounding Project. The portion left for the City to complete requires an electrician to work directly with FPL to connect the homes. Our current contractor does not have an electrician on staff and would need to sub -contract this portion of the work. The proposed subcontractor is IAM Electric (IAM). IAM is currently a contractor for the city for street light maintenance and other electrical work via Invitation to Bid ITB No. 23-11-01. Therefore, the city has an opportunity to contract directly with IAM to ensure better control over the project and a potential cost savings. IAM has provided a proposal to complete this work based on Time and Materials estimated at $372,000.00. Their proposal matches the same rates as provided in their bid award for ITB 23-11-01. Staff is requesting approval of this resolution to amend the existing agreement with IAM to add the Golden Shores Undergrounding project in an amount not to exceed $372,000.00 bringing the total amount of the contract to $592,000.00. FUNDING SOURCE: Funding for this item is included in the Capital Improvement Program budget, account number Item Number: 9.S 435 300/450-5-5410-465000-20003. ATTACHMENTS: Resolution Second Amendment Item Number: 9.S 436