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HomeMy WebLinkAboutReso 2025-3841RESOLUTION NO. 2025 - 5" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH COMMERCIAL INTERIOR CONTRACTORS CORP. FOR RENOVATION SERVICES OF THE FOURTH FLOOR OF THE GOVERNMENT CENTER, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY - SEVENTY -FIVE THOUSAND FIVE HUNDRED SIXTY-ONE DOLLARS AND EIGHT CENTS ($275,561.08), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a contractor to renovate the fourth floor of the Government Center, which includes but is not limited to, removal and installation of floor carpeting, removal of wallpaper, painting, and purchase of necessary supplies, (the "Services"); and WHEREAS, Sourcewell, a local government agency and service cooperative created under the laws of the State of Minnesota, issued and advertised Request for Proposal No. 061323 (the "RFP"), entitled "Flooring Materials, with Related Supplies and Services"; and WHEREAS, Sourcewell awarded the RFP, and entered into an Agreement with, Interface Americas, Inc. (the "Manufacturer"), who uses authorized local installers of their products; and WHEREAS, Commercial Interior Contractors (the "Contractor") is a licensed and insured authorized local installer the Manufacturer's products; and WHEREAS, the Contractor has expressed their ability and desire to provide the Services to the City; and WHEREAS, the Services will be procured utilizing the same pricing and terms and conditions under Sourcewell Contract No. 061323 -IFA; and WHEREAS, pursuant to the City's procurement code provisions, purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a not-for-profit corporation whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's competitive bidding procedures; and WHEREAS, a portion of the Services to be performed require the purchase, painting, and installation of cabinetry for the Fourth Floor Conference Room ("Open Market Items"); 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 @BCL@700DA68F.doc Page 1 of 3 224 acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors"; and WHEREAS, the City Manager recommends the waiver of the City's competitive bidding requirements for the Open Market Items as it is in the best interest of the City; and WHEREAS, the City Commission accepts the City Manager's recommendation; and WHEREAS, the City Commission wishes to approve an Agreement with the Contractor for the Services, in an amount not to exceed Two Hundred Seventy -Five Thousand Five Hundred Sixty - One Dollars and Eight Cents ($275,561.08), which includes a contingency in the amount of Sixty - One Thousand Dollars and No Cents ($61,000.00), 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. Waiver of Bidding Requirements. The City Commission hereby waives the bidding requirements of Chapter 62 of the City's Code of Ordinances for the Open Market Items. Section 2. Approval of Agreement. The City Commission hereby approves an Agreement with the Contractor for the Services, in an amount not to exceed Two Hundred Seventy -Five Thousand Five Hundred Sixty -One Dollars and Eight Cents ($2275,561.08), which includes a contingency in the amount of Sixty -One Thousand Dollars and No Cents ($61,000.00), attached hereto as Exhibit "A„ Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th day gWay, ATTEST: Maurici Betancur, MC, City Clerk @BCL@700DA68F.doc Larisa Svechin, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4Z ain E. Boileau, for Nabors, Giblin & Page 2 of 3 225 Nickerson, P.A., City Attorney Moved by� 7 /56IyA � Seconded by: , Vote: 4Yes MayorSvechin) (No) Vice Mayor Lama✓ (Yes) � (No) Commissioner Joseph Yes) (No) Commissioner Stuyvesant (Yes)(No) Commissioner Viscarra —^(Yes) (No) @BCL@700DA68F.doc Page 3 of 3 226 SVtN�S<Fr v % r { j= AGREEMENT BETWEEN THE CITY OF SUNNY ISLES D, . I`OApY `Wt BEACH AND COMMERCIAL INTERIOR CONTRACTORS CORP. CONTRACT NO. 2025-8361 THIS,CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is rp made this T9 day of May, 2025, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter "City"), and COMMERCIAL INTERIOR CONTRACTORS CORP., a Florida corporation, whose Federal Employer Identification (FEI) No. is 59-2507326 (hereinafter "Contractor"). RECITALS WHEREAS, the City is in need of a contractor to renovate the fourth floor of the Government Center, which includes the purchasing of necessary supplies, labor for the removal of existing carpeting and wallpaper, the moving of furniture, painting, and the installation of new carpeting, as more particularly described in Contractor's proposal, appended hereto as Attachment "A" and made part hereof, subject to the terms and conditions contained herein (hereinafter "Services" or "Work") and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities, which issued Request for Proposal ("RFP") No. 061323, entitled "Flooring Materials, with Related Supplies and Services," and awarded Contract No. 061323 -IFA to Interface Americas, Inc. ("Manufacturer"), for whom Contractor is an authorized installer, beginning August 25, 2023, and terminating on August 9, 2027, with the option to renew for three additional one-year terms; and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(1), purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's bidding procedures; and WHEREAS, 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, solely and exclusively with regards to the painting and purchase and installation of conference room cabinetry (hereinafter "Open Market Items"), in the amount of Ninety -Nine Thousand Seven Hundred Twenty -Four Dollars and Twenty -Eight Cents ($99,724.28), the City Manager has recommended that waiver of the competitive bidding procedures as it relates to portions of the Services, and under the terms and conditions set forth herein, are in the City's best interests; and COMMERCIAL INTERIOR CONTRACTORS CORP. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WHEREAS, the City desires to enter into an agreement with Contractor, using Sourcewell's bid and resulting Contract No. 061323 -IFA to provide the Services, and also using the waiver provisions of Section 62-12 for the Open Market Items; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the desired Services, including the Open Market Items, as more particularly described in Attachment "A" for an amount of Two Hundred Fourteen Thousand Five Hundred Sixty -One Dollars and Eight Cents ($214,561.08), plus Sixty -One Thousand Dollars and No Cents ($61,000.00) as a contingency amount, if necessary, resulting in a total not -to -exceed amount of Two Hundred Seventy -Five Thousand Five Hundred Sixty -One Dollars and Eight Cents ($275,561.08); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, 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 RFP No. 061323, entitled "Flooring Materials, with Related Supplies and Services," and awarded Contract No. 061323 -IFA, which are specifically incorporated herein and made a part hereof collectively as Attachment "B," as well as Contractor's Proposal, attached and incorporated herein as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement — Contract No. 2025-8361. B. Second, Contractor's Proposal, appended as Attachment "A." C. Third, the terms and conditions of RFP No. 061323, entitled "Flooring Materials, with Related Supplies and Services," and awarded Contract No. 061323 -IFA, appended collectively as Attachment `B." 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents, specifically, renovating the fourth floor of the Government Center, which includes the purchasing of necessary supplies, labor for the removal of existing carpeting and wallpaper, the moving of furniture, painting, and the installation of new carpeting. Contractor shall submit its Proposed Schedule and identify its milestone completion deadlines within 10 days from the date of the execution of this Agreement. Clean -un: At all times, including after each work shift, Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by its employees or the Work, and leave all areas in good condition for continuity of City's operations. Upon final completion of the Work and before acceptance and final payment shall be made, Contractor shall clean and remove from the property, all surplus and discarded materials, rubbish, and equipment. Contractor is responsible for hauling all construction debris. Contractor shall restore in an acceptable manner all property which has been damaged as a result of the Work. The Contractor shall leave entire area and vicinity unobstructed and in a neat and presentable condition. COMMERCIAL INTERIOR CONTRACTORS CORP. 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Damage to Property: If any property is damaged while Contractor is performing the Work, it shall be repaired or replaced at the sole expense of Contractor in a manner acceptable to the City prior to the final acceptance of the Work. If the work site has any pre-existing damage, the Contractor shall notify the Public Works/Capital Projects Department in writing. Failure to do so shall obligate Contractor to make repairs as set forth herein. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to fiunish 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. CONTRACT TIME AND TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon the execution of this Agreement by all Parties and shall terminate upon the City's final inspection and the City's issuance of a final Certificate of Payment to Contractor. The City shall notify the Contractor in writing of the date on which the Work shall begin ("the Notice to Proceed Date"). The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall be carried on regularly and without interruption. The Contractor shall achieve final comuletion of the Work no later than sixty (60) days after the Notice to Proceed Date The number of calendar days from the Notice to Proceed Date, through the date set forth for final completion, shall constitute the "Contract Time.- The ime"The terms of Sections 16, entitled "Indemnification and Waiver of Liability," Section 23, entitled "Compliance with Law," Section 12, entitled "Warranty of Services," and Section 13, entitled "Defective Work," and those specifically provided for in the Contract Documents, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement, for an amount of Two Hundred Fourteen Thousand Five Hundred Sixty -One Dollars and Eight Cents ($214,561.08), plus Sixty -One Thousand Dollars and No Cents ($61,000.00) as a contingency amount, if necessary, resulting in a total not -to -exceed amount of Two Hundred Seventy -Five Thousand Five Hundred Sixty -One Dollars and Eight Cents ($275,561.08). 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. COWMRCiAL INTERIOR CONTRACTORS CORP. a City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed Services, unless the City notifies the Contractor in writing of the dispute, before the payment is due. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. ASSIGNMENTS. TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. COb MOMAL INTERIOR CONTRACTORS CORP. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 Two Hundred Fifty Dollars ($250) 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. 10. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the Agreement, Contractor, and managers, employees, independent contractors, and any COMMERCIAL INTERIOR CONTRACTORS CORP. S City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 11. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of pedestrians and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Contractor to follow all OSHA Safety Standards. Danger signs warning against hazards created by his/ her operation and work in progress must be posted. All employees of the Contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians are in close proximity and work shall cease until it is safe to proceed. 12. WARRANTY OF SERVICES. A. The Contractor shall warrant the Work and labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. B. 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. C. 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. COMNMCIAL RfrMUOR CONTRACTORS CORP. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 13. DEFECTIVE WORK. A 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. B. 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. C. It within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. D. 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. E. 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. 14. 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 COMMERCIAL INTERIOR CONTRACTORS CORP. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 14A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 15. 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. 16. INDENINIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, 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 any and all causes of action, demands, claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the intentional or negligent act of, or omission of Contractor, including those of its 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 COMMERCIAL INTERIOR CONTRACTORS CORP. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. 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. 17. 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. 18. 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 confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: 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 sI 1c21 i_l 3(0 fbi_o aboi l.oau 41711 .i lllw,coall If to the Francisco Geller, Vice President Contractor: 1799 NW 22nd Street Miami, Florida 33142 Tel: (786) 564-5049 rYa11c15mAollet Pie-( Ol' ),,CUll1 COMMERCIAL INTERIOR CONTRACTORS CORP. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 19. 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO T 9S CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (3057 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4ei Floor, Sunny Isles Beach, Florida 33160. 20. 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. 21. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act Of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. COMMERCIAL INTERIOR CONTRACTORS CORP. 10 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. 22. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 23. 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. 24. 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 "IV" or "B." 25. 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 COMWRCIAL WrERIOR CONTRACTORS CORP. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 26. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.a-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." 27. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this Agreement as Attachment "E," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 28. 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. COMWMCL4L INTERIOR CONTRACTORS CORP. 12 Docusign Envelope ID: DEABC389-AFFA4429-91B7-34FD9F3E450D City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. COMMERCIAL INTERIOR CONTRACTORS CORP. DoeuSlgneddbby: Francescoa er, Vice President STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of ❑ physical presence or Q( online notarization, this 0 day of May, 2025, by Francisco Geller as Vice President of Commercial Interior Contractors Corp. (SEAL) ai►ru"••., RYAN NEYRA Notary Public - State of Florida , Commission # HH 607285 �'•:EOF?. My Comm. Expires Oct 28, 2028 Bonded through National Notary Assn. Personally Known '✓ or Produced Identification Type of Identification Produced: Notdy Public, State of F 6ri, (Signature of Notary Public) /e�', /t//C/x 6 (Prmt Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] COMMERCIAL INTERIOR CONTRACTORS CORP. 13 Docusign Envelope ID: DEABC389-AFFA-4429-91B7-34FD9F3E450D City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax n Fl -w Department Head CITY OF -5 j ISLES BEACH Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 2ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney s � t COMMERCIAL ANTERIOR CONTRACTORS CORP. 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax AttachmentA COMMERCIAL INTERIOR CONTRACTORS CORP. 15 In business since i 1984 Prepared for: Fabricio Volpi 18070 Collins Avenue Sunny Isles Beach FL 33160 +13057921834 fvolpi@sibfl.net Prepared by: FranciscoGeller 1799 NW 22nd Street Miami FL 33142 786-564-5049 francisco.geller@cic-corp.com GI Commercial Interior Contractors I 111.•'1,.. 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 r MIAMI-DADE 0 ca'aYae+r�ls�w.a Construction Trades Qualifying Board 93BS0628 Specialty Builder: Carpet l Resilient Flooring,llle. Paint & Walicoverinh BK WARD , e�0U1U1 Y County Business Enterprise (CBE) Small Business Enterprise (SBE) IKr�A.lj OSHA 30 Hours N 10,000 rnirilt bt.ls llnessm,-: A L U ht N 1 10,000 Small Businesses Alumni F liwil i'ls<rrlir info@cic-corp,com (305) 636-3700 EMIL MIAMI-DADE y h (9 MEOW Small Business Entorprise Fuse Commercial Flooring (SBF) Alliance Member (South Florida) �0Vr10, p State of Florida Dept of U.S. Green Building Council Transportation Member Dlanrlvantagod Bualnoss EnImprlsa (DBE) Unlpod 0usinass Entorpnso (UCP) Minority Businoss Enlorprlso (MDE ) Woman Busirms Enturpriso (W110 ,CWpHUBZone community Workforce Partnership CWP Community Work Force HUB Zone Business Enterprise Program experience 1111: E0Entrepreneurs' COMNIONWFALTII Qrganization IWITITUTE EO Entrepreneurs Organization Top Women -Lod Business in Florida Follm% I ,r VVt,lrnifv © 0 ® https://www.cic-corp.com 1`211111:!,�-11'� Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 ( 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 'hR. ��..+ f+� *�- � �.Jr� i�� � '.t.lA '✓ b� •�l `��C� � _�� J7 �e�•~r 3i t`p�� P s9 (9' ClimatePartnet We have become a Partners in Climate Impact, taking a further commitment towards carbon neutrality by reducing our footprint and offsetting what we can't. We pride ourselves in knowing we are helping the environment, fighting climate change, and helping make possible the transition to a clean energy future. I�111,dl V111111,• I idho% I', lirh•,Or Info@cic-corp.com (305) 636-3700 0 Op' ® https://www.cic-corp,com CIC Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 We know your time is precious, and deadlines must be met irn FabricioVolpi Date: 05.07.25 City of Sunny Isles Beach Proposal: P2160 R8 Project Location: 18070 Collins Ave Sunny Isles, FL 33160 Dear FabricioVolpi, Commercial Interior Contractors proposes to provide the following services: Interface Sunny Isles Gov Center 4th. Floor Flooring - o8o819-IFA Name Products. 10.02 - Material Flooring: Carpet Tile Interface Carpet Tile. Collection: World Woven WW890 Color: Natural Dobby DIM: 25cmx1cm CPT01 10.02 - Material Flooring: Carpet Tile Interface Carpet Tile, Collection: Granite Mountain - Mantle Rock. Color: Taupe Stone DIM: 25cmx1cm CPT02 20.01 - Material. Adhesive: Carpet Interface Adhesive for Carpet Tile - TacTiles Adhesive Roll ADH01 10.03 - Material Flooring: LVT Interface LVT. Collection: Textured Stone Color: Medium Concrete DIM: 50cmx50cm LVT01 F.111<1il I'llont. hllhm (•-, lnfo@cic-corp.com (305) 636-3700 0 Op' a https://www.clo-corp.com C 1 C Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 20.02 - Material. Adhesive: LVT Interface LVT Adhesive HM99 ADH02 $ 44,718.98 .Labor 60.02 - Demolition. Dumpster & Disposal: Carpet Tile REMOVAL - CARPET TILE 60.06 - Demolition. Dumpster & Disposal: Baseboard REMOVAL OF COVE BASE (LABOR ONLY) 60.08 - Demolition. Dumpster & Disposal: Disposal Exiting Floor DISPOSAL OF CARPET 60.05 - Demolition. Dumpster & Disposal: VCT REMOVAL -VCT 110.02 - Floor Installation: Carpet Tile INSTALLATION OF CARPET TILE 110.13 - Floor Installation: After Hours INSTALLATION NIGHTS/SAT- CPT 110.03 - Floor Installation: LVT LVT INSTALLATION 110.13 - Floor Installation: After Hours INSTALLATION NIGHTS/SAT LVT 170.09 - Floor Preparation:. Adhesive Removal FLOOR PREP, ADHESIVE REMOVAL 90.6- FU Skim Coat FLOOR PREP MINOR MAT'L & LABOR Info@cic-corp.com (305) 636-3700 0 Op' ® https://www.cic-corp.com C I C f Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 12598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 90.2- F&L Baseboard COVE BASE SUPPLY & INSTALL 6" BASE Johnsonite Mandalay 6" Rubber Color: TBD WB01 Tarket 960 Cove Adhesive ADH03 90.1 - F&I: Transition TRANSITIONS - SUPPLY & INSTALL Johnsonite CTA XX C - LVT to CPT TR01 120.01 Furniture Moving: Standard FURNITURE MOVING -LIGHT 120.03 - Furniture Moving: Medium FURNITURE MOVING -MEDIUM 170.13 - Floor Preparation: Moisture Test MOISTURE TESTING $ 59,992.05 Open Market 200.05 - Painting Services & Repairs: Wall Painting DEMO WALLPAPER + PAINT WALL (2 COATS) Includl_as Romov47q Willpapor, Adhesive hr;,mnvol._Skim Coal, Sanding, Primor <,nd Point (Shorwin Williams) Hallways Paint: SW 9582 White Sand 200.12 - Painting Services & Repairs: Accent Wali Painting DEMO WALLPAPER + PAINT ACCENT WALL (2 COATS) Irti:ludos Ronlovinel W,alil.ml)(ir, Adhw.,,1va I' omov;al. Skim Coat_� andillo. Ptimol ;Incl !' aint (Sholwin Willionw') ; 200.04 Painting Services & Repairs: Ceiling Painting CEILING PAINTING htoludeS Prlmor and Paint (Sherwin Williams) 150.01 - Installation Lump Sum Furnish and Install Quartz Countertop Daltile Collection: One Quartz Style: Arnazonite Grey 130"x65" QTZ01 V.111AI1 Pholic Follm I1,, b4'eltr;lt � info@cic-corp.com (305) 636-3700 0 @p' ® https://www.cic-corp.com CIC Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 ( 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 200.03 - Painting Services & Repairs: General Painting GENERL PAINTING OF FRONT AND DOORS OF CABINETS I'rhoor arul 2 Cootr; ql Pohl II IcludoEi: L,nl••X Slixx 1='rinu,r Shwv)in vVilli;nns FAIIiIrAd I.lrillmilu 150.01 Installation Lump Sum FURNISH AND INSTALLATION OF FROSTED TEMPERED GLASS `ialin ot0lod ob'scrnnd 'll4 IWIII)Ored I.Ilass dlvldod in 2-I>wcus. IIIi:ILIdo,'; Site vlfilt lid liiald mousuR) holes Anil confirm size. GL01 150.01 - Installation Lump Sum FURNISH AND INSTALLATION OF DIVIDERS laividrjrs with .Cif��ors PS01 ZP01 $ 99,400.05 Final Cleaning - 150.01 - Installation Lump Sum ("Its ominr! �'wlvick-':; durin(l IN! cun::hu ;lion: Ono In tho Iniddle'111(1 (11W ;I1 Ihi: raid $ 9,250.00 Freight 180.04 Delivery Shipping Charges Freight Delivery/ Shipping Flooring 1 --might 001wry/ Shipping Fluorin(! $ 1,200.00 • CIC Working hours re from Monday to Friday from Spm to lam and Saturdays. • The client has to disconnect computers and IT in preparation for nightly construction. • Each evening CIG will be responsible for ensure clean work space to a broom finish degree. Subtotal $ 214,561.08 Total $ 214,561.08 Flruril 1'hudc I ,)[1(m I 1i'cfa.iri• Info@cic-corp.com (305) 636-3700 0 O ® https://www.cic-corp.com CIC Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 Phoot, hillfit% (I,, 116 U�i4_ lnfo@cic-corp.com (305) 636-3700 0 @ 0 https:/Iwww.cic-corp.com !"', Commercial Interior Contractors t 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 yy f} V yy ° 4}} " ff �,yp, }}y�� r11,(ei t" - it,itS .,a#vI(�.�1�. ��._.�4l)b ifs.t�. {�?.L�.��i1lyAia�o By accepting this proposal and/or executing any subsequent purchase order for work contemplated by this purchase order, Customer (City of Sunny Isles Beach) hereby agrees to the following terms and conditions: 1. As used herein the following terms have the following meanings. CIC shall mean Commercial Interior Contractors Corp. Work shall mean the services, labor, and materials provided by CIC to Install or accomplish the items listed in the Proposed Budget in this proposal. Contract shall mean this proposal, including all of its attachments and Proposed Budget, these terms and conditions, any subsequently executed purchase orders, and any Change Orders. Price shall mean the total amount listed at the bottom of Proposed Budget. Customer shall mean the individual or entity authorizing the performance of the Work by accepting this Contract. Effective Date shall mean the date this Contract is executed by the last of the Parties to the Contract. Property shall mean the real property identified as the Project Location where the Work is to be performed. Change Order shall mean 2. This Contract is not binding on CIC until Customer's credit has been approved or approval waived by CIC, in CIC's sole discretion. 3. All custom orders will require a 50% deposit before the material order is placed with the supplier and the balance of the custom material order will be due upon CIC's receipt of the material, regardless of when Installation is scheduled. 4. Any and all design documents, construction documents, plans, renderings, designs, intended designs, drawings, sketches, concepts, and similar documents depicting the proposed Work (collectively, the "Design") are and shall remain the exclusive Intellectual property of CIC. Customer agrees that the Design, in whole or in part, is not a "work made for hire" under the Copyright Act of 1976. Customer shall be entitled to retain copies of the Design solely in connection with Customer's use and occupancy of the Property. Customer agrees not to use the Design at any other Property or for any other project without the express written consent of CIC. Customer agrees it would be difficult to determine the damages to CIC for unpermitted use of the Design and that such use would cause Irreparable harm to CIC. Accordingly, Customer agrees to pay CIC $5,000.00 per unpermitted use of the Design and agrees that CIC is entitled to permanent injunctive relief to prevent future or further unpermitted use of the Design. 5. CIC shall only be responsible for storing any materials received in furtherance of the Contract for a period of two weeks. Customer agrees to pay CIC $65.00 per day beyond the two weeks for materials stored In CIC's own facilities or the actual cost of storage in any third -party facility in which CIC elects to store the materials. The decision to store the materials in a third -party facility shall be solely in CIC's discretion. Customer agrees to pay CIC in full upon demand for any materials stored over two weeks by CIC, whether in its facilities or a third -party facility. 6. Customer agrees to have the Property ready to receive the Work before CIC arrives at the Property to perform the Work. This Includes, but is not limited to, removal of all electronics, computers, servers, furniture, memorabilia, art, wall -mounted pieces, and other items that would impede the performance of the Work. 7. Unless otherwise stated herein, the following Items are excluded from this Contract:Floor preparation (other than as expressly described herein) and leveling; Hoisting; Handling electronic equipment (including but not limited to computers, telephones, l,xn +il I'llon". I pilus, I i% lVclr.,itc info@cic-corp.com (305) 636-3700 0 Op' 0 https://www.cic-corp.com C 1 C Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 and personal belongings); Payment and performance bonds; Floor and equipment protection; leveling or straightening of walls; wall repair; and asbestos identification, testing, and abatement. If materials are suspected during the performance of Work to contain asbestos, all Work will immediately be suspended. It is the sole responsibility of the Customer to conduct testing and abatement of any suspected asbestos at the Property. Work will not resume until CIC is satisfied, in Its sole discretion, that asbestos has been properly abated. 8. Any floor preparation included in this Contract excludes ramping, leveling of defective concrete, moisture abatement or control, waxing, or buffing, unless otherwise specified in the proposal, g. Customer hereby agrees that he or she has been provided a copy of the Contract in advance of signing and has had sufficient opportunity to review and understand its terms. 10. If, during the performance of the Work or this Contract, any unforeseen conditions, occurrences, hazardous substances, conditions that differ from those typically found on similar projects, or pre-existing unsafe, unworkable, or code violation conditions (collectively "Unforeseen Conditions") are encountered which, in the sole judgment of CIC, affect or may affect any aspect of the Work or the performance of this Contract, CIC will notify Customer and subsequent to such notification may (a) if practicable, In the sole judgment of CIC, complete the original scope of Work; (b) enter Into a Change Order with Customer to address the Unforeseen Conditions; (c) terminate the Work and refund any portion of the Price paid, less any costs Incurred or services rendered ; or (d) suspend the Work until Customer employs others to remedy the Unforeseen Conditions. The costs for any or all of the foregoing shall be borne by Customer and are not included in this Contract. Unforeseen Conditions shall include, but not be limited to, the discovery of asbestos related products; rotten or damaged wood, trusses, concrete, or structural components; mold; termites; or discovery of pre-existing violations of Florida's building code. CIC has no duty to inspect the Property in advance of signing this Contract or beginning the Work. Further CIC has not had the opportunity to Inspect the surface and/or subsurface water or moisture/ph content of any concrete stab or flooring surface, and no representation can be made as to the fitness of any such surface. Commencement of Work shall not constitute a waiver of CIC's right to request ar Change Order upon later discovery of any site condition which differs from those reasonably known to CIC at the time of the exaction and delivery of this Contract. Visual inspections for the purposes of providing an estimate or taking measurements shall not be a waiver of this provision. 11, EXCEPT AS OTHERWISE PROVIDED HEREIN, CIC HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY SUCH WARRANTIES IN CONNECTION WITH THE FURNISHING OF MATERIALS OR LABOR UNDER THE TERMS OF THIS CONTRACT, CIC SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PERFORMANCE OF THE WORK, THIS CONTRACT, OR THE DESIGN OR MANUFACTURE OF ANY MATERIALS FURNISHED UNDER THIS CONTRACT INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF PROPERTY, LOST PROFITS, PERSONAL INJURY, AND OTHER INCIDENTAL AND CONSEQUENTIAL DAMAGES, 12. Customer agrees that It has a duty to cooperate with CIC with regard to executing documents as needed for the purpose of completing the Work. Customer also agrees to be available at the Property as needed to provide access for the performance i',11mil Thom, i'ullov: t i., Wf"b ,iit, info@cic-corp.com (305) 636-3700 0 O ® https://www.cic-corp.com C 1 C Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 of the Work and Inspections of the Work. 13. Customer acknowledges that CIC may use subcontractors to perform some or all of the Work or this Contract. Customer agrees that CIC Is not required to be at the Property at all times during the performance of the Work or this Contract. In the event Customer requests that CIC be present at the Property more frequently than scheduled by CIC, CIC shall be entitled to a Change Order for the additional time spent at the Property. 14. Payment of the Price, or any portion thereof, is due upon writtenrequest for payment by CIC. Failure to make any requested payment within 5 days of the date of the request shall be grounds for CIC to halt Work until the requested payment is made. Payments not made upon request shall be subject to interest charges in the amount of 18% per annum. CIC shall not be required to resume the Work until all late payments plus interest charges and any costs of collection, including but not limited to attorneys' fees, are paid by Customer. CIC also reserves the right to hold Customer responsible for demobilization or remobllization costs. 15. Any claims for defective work by Customer are subject to the notice and cure provisions of Chapter 558, Florida Statutes. Such notice must be provided within 60 days of the discovery of any such defective work otherwise Customer waives the right to make any claim for such defects. 16. CIC Is not responsible for delays or price Increases caused by inclement weather, flood, natural disasters, strikes, blackouts, fire, disease, pandemic, delays In common carriers, Customer negligence, Change Orders, unavoidable casualties beyond CIC's control, material shortages, labor/subcontractor shortages, delays in municipal approvals/permitting, government orders, or any other cause beyond CIC's control. 17. Final payment, plus payment of any and all sums remaining due under this Contract, shall be paid by Customer upon Substantial Completion. Substantial Completion shall mean the date the Work is sufficiently complete to serve Its functional purpose. The existence of punch list items to be completed shall not be grounds to dispute or withhold any amounts due as a result of achieving Substantial Completion. 18. Payment in full of the Price shall constitute Customer's acknowledgement and unconditional acceptance of the Work and performance of this Contract and shall constitute a waiver of all claims with Customer has, or may have, against CIC, with the exception of warranty claims. 19. If CIC has concerns about Customer's ability to perform it obligations under this Contract, CIC may request proof of Customer's ability to perform its obligations under this Contract, which Customer will provide within 5 days of the request.Failure to provide such proof, may in the sole discretion of CIC, result In suspension of the Work until such proof is provided. 20. This Contract contains all of the terms and conditions as agreed to by the Parties, and no other agreements, oral or otherwise, respecting the subject matter of this Contract shall be deemed to exist or to bind any of the Parties hereto. This Contract can only by modified by the Parties in writing, executed by both Parties. Emails, text messages, or oral representations by employees or subcontractors shall not be binding on the Parties. 21. CIC shall be not required to perform any work outside the Work absent a written and signed change Order. Change Orders must be paid in full in advance of the commencement of the Change Order, absent a contrary written agreement between the I�IIukII 1111mu L-ulhm I,bt'kbuil,• info@cic-corp.com (305) 636-3700 0 @p' a https://www.cic-corp.com Docusign Envelope ID: DEABC389-AFFA-4429-9187-34FD9F3E450D CIC Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 1 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 Parties. In the event CIC performs extra work without a written Change Order, CIC shall still be entitled to recover the value of the extra work, as determined by CIC, from the Customer. 22. In the event of a dispute arising from or relating to this Contract, the prevailing party shall be entitled to an award of attorneys' fees and costs. In the event CIC is required to file a lien against the Property, CIC is entitled to include as part of that lien its costs incurred in preparing and recording the lien. 23. Upon ten (10) days' notice to Customer, CIC may terminate this Contract for any reason. Upon termination subject to this provision, CIC shall be entitled to compensation from Customer equal to the actual costs Incurred by CIC for materials or labor, plus 15% of those costs. CIC shall only exercise this provision in good faith. Customer and CIC agree and acknowledge that the Price accounts for a $10.00 discount given by CIC to Customer, the receipt and sufficiency of which is hereby acknowledge by Customer, as special consideration to Customer for CIC's right to terminate this Contract for convenience. 24. The Parties agree that time is of the essence in the performance of this Contract. 25. Any excess materials ordered by CIC for the Work are and remain the exclusive property of CIC. Customer shall not be entitled to credit, refund, or return for such materials. 26. Should any provision or portion of this Contract be adjudged Invalid, illegal, unconscionable, or in conflict with any law of the state of Florida, the validity, legality, and enforceability of all remaining portions and provision of this Contract shall not be affected or impaired thereby. 27. CIC shall not be liable for damages to the Properly, personal property, or physical injury as a result of the performance of the Work. 28. Customer grants CIC an unlimited license to take before and after photos of the Property for the purpose of demonstrating the performance of the Work and for using such photos in any and all marketing efforts by CIC. 29. This Contract shall be subject to the laws of the State of Florida. The exclusive venue for any action arising out of or relating to this Contract shall be Miami -Dade County, Florida. 30. Customer agrees that CIC shall not be responsible for providing a warranty for issues caused by Customer's failure to maintain the completed Work. Customer also agrees that in the event of damage to the Work, after completion, including but not limited to, the discovery of a leak or other Issue with the Work, Customer shall take all reasonable actions to limit, eliminate, or otherwise mitigate any resultant damages. 31. Customer agrees to provide access to the Property for the performance of the Work and to provide utilities (electric, water, etc...) as needed for the performance of the Work. 32. In the event that CIC must stop performance of the Work for any reason and remove its subcontractors, tools, materials, or other items from the Property, CIC shall be entitled to a Change Order for the costs of remobilizing to the Property. CIC shall not be required to return to the Property to perform the Work until Customer agrees to and pays that the full amount of such Change Order, 33. Customer acknowledges and understands that some of the materials it is providing pursuant to the Contract will need to be delivered to the Property and stored and acclimated for a period of time before installation. Customer agrees to ensure that the Property is secured, has power and is climate controlled before delivery of such materials. CIC shall not be responsible for any delays in performance of the Work associated with the acclimation of materials. t�,nr;ril I'11i1nr I'ullu:�t �, b'4'��ir;tic Info@cic-corp.com (305) 636-3700 0 Op' ® https://www.cic-corp.com Docusign Envelope ID: DEABC389-AFFA-4429-91 B7-34FD9F3E450D R.Y 4aSIC.Py C 1 Commercial Interior Contractors 1799 NW 22nd Street, Miami, FL 33142 l 2598 E. Sunrise Blvd., Fort Lauderdale, FL 33304 34. The Parties agree not to criticize or disparage each other, or to cause or encourage another to criticize or disparage any Party, in any way and through any medium, including via television, radio, print, social media, consumer rating publications (whether print or electronic), blogs, or any other form of electronic, written, verbal, or non-verbal communication. Violation of this provision shall constitute a material breach of this Contract. 35. CIC and Customer shall agree on a mutually acceptable installation schedule. 36. In the event this Contract is solely for the purchase of materials, the following terms shall also apply. The Price is only guaranteed for 30 days. No returns, exchanges, or cancellations of materials shall be allowed, Payment of the Price must be made in full before the materials will be ordered. Estimated delivery date will be provided upon ordering materials. Forklift and forklift pole will be required to unload. Customer is responsible for providing these items. Customer responsible for any stoppage charges or delays from being unprepared to receive the materials. City of Sunny Isles Beach has two days from the date of signing this contract proposal to cancel the agreement. Commercial Interior Contractors Signed By: FranciscoGeller FDoau8lgnod by; Date: 5/22/2025 l 7:27 AM PDT City of Sunny Isles Beach Signed By: Fabricio Volpi Date: F.lnuiI I'll innr I ullnn I'" 11x1'i(,. Info@cic-corp.com (305) 636-3700 0 Op' ® https:/Iwww.cic-corp.com l City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B COMMERCIAL INTERIOR CONTRACTORS CORP. 16 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C COMMERCIAL INTERIOR CONTRACTORS CORP. 17 Docusign Envelope ID: DEABC389-AFFA-4429-91B7-34FD9F3E450D CONTRACTOR ANTI -BOYCOTT CERTIFICATION 't •'`.'ll oµ �r ` [PURSUANT TO FLORIDA STATUTE § 287.1351 I FRANCISCO GELLER commercial Interior Contractors , , on behalf of , Corp Print Name Company Name certifies that commercial Interior contractors cordloes 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. Oocuftned by; Signature vp Title 5/22/2025 1 7:27 AM PDT Date Docusign Envelope ID: DEABC3$9-AFFA-442"IB7-34FD9F3E450D City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D COMMERCIAL INTERIOR CONTRACTORS CORP. 18 °Docusigr,'Envelope ID: DEABC389-AFFA-4429-9187-34FD9F3E450D 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:/Lwww,e-verifv,gov/_employers enrolls , in.- -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. Commercial interior Contractors Corp Company Name Oxa9lpaad hy; ....__ ftff a ii�hature FRANCISCO GELLER Print Name Federal Employer Identification Number (FEIN) 5/22/2025 i 7:27 AM PDT Date vp Title Sworn to and subscribed before me on this this V6 day of Q 12023. By 1-ca(1CGi}co 9e�i1e� Is personally known to me 0 Has roduced Identification (type of identification produced: St, nature of Notary Pt6lic Print or Stamp of Notary Public Expiration Date AY Ari"••. RYAN NEYttA ft Notary Public •State of Florida Commission HH 607285 oFF` My Comm. Expires Oct 28, 2028 Bonded through National Notary Assn. Docusign Envelope ID: DEABC389-AFFA-0429-91B7-34FDSF3E450D City ofSunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment E COMMERCIAL DMIUOR CONTRACTORS CORP. 19 Gocusign Envelope ID: DEASC389-AFFA-4429-9167-34FD9F3E450D -NY -1 � m � n u -1 z 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. Ootu9lpn.d hy: May 22 25 �� Date: , 20_ Signed•—oua..., _- Entity: Commercial Interior Contractors CW(Ne: FRANCISCO GELLER Title: vp STATE OF hC)CI&A COUNTY OF 1 1 - 01ACi The foregoing instrument was acknowledged before me, by means of ❑ physical presence or 19/ online notarization, this day of _ Q� 2026, by y-mcAuGG �)dkcc as f t for Ummwi(A kMccGC GO(W(Woo'), COU , who is personally known to me or who has produced as identification. Notary Public Signature: Print Name: G� � State of Florida at Large (Seal) My commission expires: /')' -M�Z� Ek RYAN IN YRA Public - State of Florida mission x HH 607285 m. Expires Oct 28,2028 gh National Notary Assn. C 0 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: May 15, 2025 RE: Approval of an Agreement with Commercial Interior for Carpet Replacement at the Government Center RECOMMENDATION: Staff recommends approval of this resolution. REASONS: The city is in need of renovating the 4th floor Government Center. The proposed updates involve removing the aging wallpaper and carpet, which were installed over two decades ago. These elements show significant signs of wear and tear, have outlived their useful life expectancy and were approved in the budget process to be replaced this fiscal year. The selected carpet is manufactured by Interface Americas Inc. Interface ensures contract pricing is accessible to local dealers. Interface holds a Sourcewell contract titled Flooring Materials, with Related Supplies and Services under RFP #061323. The city's chosen carpet is discounted at 67.74% off SY catalog pricing. The Florida state contract also includes fixed, itemized rates for installation. Both, the carpet and the installation must be procured through authorized local installers. In South Florida, Interface works with three installers. Among them, Commercial Interior Contractor was the only responsive firm to Procurement's invitation to a site -visit to discuss the scope. Commercial Interior Contractor has previously installed carpets in areas such as the Chambers, History hall, First -floor conference room, and other locations in the city. The city is satisfied with their work, and their responsiveness after installation to address any warranty items. Item Number: 9.J 221 The renovation project consists of: • Removal of existing wallpaper • Skimming/Sanding and Painting walls • Moving all furniture (Cubicles) • Renovated 4th Floor Conference Room Furniture • After Hours Removal of existing carpet and baseboards • After Hours Installation of new Carpet and baseboards • After Hours removal of wallpaper, wall skimming, sanding and painting • VCT removal and installation in breakroom and supplies room after hours. Square footage of 4th Floor: • Carpet4940sgft. • VCT 300sgft. Total: 5,240sgft. The city is requesting approval to award Commercial Interior Contractors a contract in a NTE amount of $275,561.08, which includes $61,000 of contingency due to potential tariffs on the carpet products. ADDITIONAL INFORMATION: The fourth floor of the Government Center, unlike floors one through three, were designed with wallpaper. This wallpaper limits our ability to manage replacement or repair in-house. This proposal, to remove the wallpaper and replace it with a painted surface like the other floors, will ensure that future generations in this building can maintain the facility in a good quality standard without this added expense. Additionally, utilizing carpet tiles will also provide the ability to repair a damaged piece without the need to replace the entire floor. This is a cost savings for the future maintenance of this facility. Copies of the complete contract file, including all exhibits and attachments, are on files with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds have been appropriated in Account No. 001-5-5391-465000 — Capital outlay & 001-5-5391- 446003 R&M Bldg. ATTACHMENTS: Resolution Item Number: 9.J 222 Agreement Item Number: 9.J 223