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HomeMy WebLinkAboutReso 2025-3932RESOLUTION NO. 2025 - ✓ 132 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH MBR CONSTRUCTION, INC. TO PROVIDE DRAIN REPAIR SERVICES AT THE HERITAGE PARK PARKING GARAGE, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED NINE DOLLARS AND NO CENTS ($289,209.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a contractor to perform drain repair services at the Heritage Park Parking Garage, located at.19200 Collins Avenue ("HP Garage"), including but not limited to removal and disposal of existing trench drain covers, cleaning of trenches, cutting of existing concrete, installation of new galvanized steel frame and grate systems, and placement of rebar and 5,000 PSI concrete at five garage levels (the "Services"); and WHEREAS, the Sheriff of Broward County, Florida ("BSO") issued Request for Letters of Intent ("RLI") No. 19031MFW, entitled "General Contractors Pre -Qualified List"; and WHEREAS, on November 28, 2019, BSO entered into an Agreement with MBR Construction, Inc. (the "Contractor") for an initial two (2) year term, terminating on December 31, 2022, with the option to renew for two (2) additional one (1) year terms; and WHEREAS, BSO has exercised its options to renew its Agreement with the Contractor through December 31, 2025; and WHEREAS, the Contractor is licensed and insured, and has expressed its ability and desire to provide the Services under the same terms and conditions, and pricing provided in their Agreement with BSO; and WHEREAS, pursuant to Section 62-13(C) of the City's Purchasing Code, purchases made under state general service administration contracts, federal, county or other governmental contracts or competitive bids with other governmental agencies, are exempt from the competitive bidding requirements set forth in Chapter 62; and WHEREAS, the City wishes to enter into an Agreement with the Contractor to provide the desired Services, in an amount not to exceed Two Hundred Eighty -Nine Thousand Two Hundred Nine Dollars and No Cents ($289,209.00), which includes a contingency in the amount of Fifty Thousand Dollars and No Cents ($50,000.00), 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 Expenditure of Budgeted Funds. The City Commission hereby approves an Agreement with the Contractor to provide the desired Services, in an amount not @BCL@1418F9D5 Page 1 of 2 274 to exceed Two Hundred Eighty -Nine Thousand Two Hundred Nine Dollars and No Cents ($289,209.00), which includes a contingency in the amount of Fifty Thousand Dollars and No Cents ($50,000.00), 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 shall become effective upon adoption. PASSED AND ADOPTED this 20th day of No em er, 2025. Mauri io Betancur, CIVIC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alin E. Boileau, P.A., for Nabors, Giblin & Nickerson, City Attorney Moved Seconded by: ea Vote: Mayor Svechin (A96EJ�" Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Yes) (No) Yes) 4( (Yes) (No) (No) Yes) (No) (Yes) (No) @BCL@1418F9D5 Page 2 of 2 275 o'` Splw.lt�e A I AGREEMENT BETWEEN THE CITY OF SUNNY ISLES `- BEACH AND MBR CONSTRUCTION, INC. • ItO1s CONTRACT NO. 2025-•8869 THIS C NTRA TUAL AGREEMENT (hereinafter "Agreement") is made this" day of N 2 94by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter "City"), and MBR CONSTRUCTION, INC., a Florida corporation, whose Federal Employer Identification (FEI) No. is 65-0373938 (hereinafter "Contractor"). RECITALS WHEREAS, the City of Sunny .Isles Beach is in need of a Contractor to replace trench drain frames and grates at the Heritage Park Parking Garage, as more particularly described in Attachment "A" (hereinafter "Services" or "Work"); and WHEREAS, Contractor is a certified and insured entity with the necessary experience to provide the desired Services; and WHEREAS, the Sheriff of Broward County, Florida ("BSO") issued Request for betters of Intent ("RLI.") No. 19031 MFW, entitled "General Contractors Pre -Qualified List," and on November 28, 2019, BSO entered into an Agreement with Contractor for all initial two (2) year term, terminating on December 31, 2022, with the option to renew for two (2) additional one (1) year terms; and WHEREAS, BSO has exercised its options to renew its Agreement with Contractor through December 31, 2025; and WHEREAS, the City desires to enter into an agreement with Contractor, using BSO's solicitation information, and the resulting contract thereto, to provide the Services as described herein, and subject to the terms and conditions contained in this Agreement; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county, or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services, as more particularly described in the Contract Documents, for Two Hundred Thirty -Nine Thousand Two Hundred Nine Dollars and No Cents ($239,209.00), plus Nifty Thousand Dollars and No Cents ($50,000.00) for contingency, if necessary, resulting in a total not -to -exceed amount of Two Hundred Eighty -Nine Thousand Two Hundred Nine Dollars and No Cents ($289,209.00); 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. MBR CONSTRUCTION, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax 2. THE CONTRACT DOCUMENTS. "The Contract Documents consist of this Agreement, as well as the terms and conditions of RI.,1. No. 1903IMFW, entitled "General Contractors Pre - Qualified List," and the resulting contract, which are specifically incorporated herein and made a part hereof as Attachment "B," as well as the Contractor's proposal, appended hereto 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 of - instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and MBR Construction, Inc. — Contract No. 2025-8869. B. Second, the terms and conditions of RLI No. f.9031 MFW, entitled "General Contractors Pre -Qualified List," C. 'Third, Contractor's Proposal, 3. SERVICES. Contractor shall provide the Services pursuant to the Contract Documents. The Services shall include furnishing all labor, equipment, and materials necessary to replace trench drain frames and grates in the Heritage Park Parking Garage, as more particularly described in Attachment A. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform the Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided oil 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 darnage to the City's property, improvements, or 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. Contractor shall perform work behveen the hours 7:00 AM and 6:30 PM Monday through Thursday and 7:00 AM — 5:00 PM on Fridays. Work may only be performed on weekends with the permission, or as restricted by, City in its regulator7, capacity. 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 completion of the Work no later than ninety (90) days after the Notice to Proceed Date. The number of calendar days from the Notice to Proceed Date, through the date set forth for Substantial Completion, shall constitute the "Contract Time." NIBR CONSTRUCTION, INC. 2 Qjt ofSuurrp Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax The terms of Section 16, entitled "Indemnification and Waiver of Liability," Section 24, entitled "Compliance with Law," Section 12, entitled Warranty of Services, and Section 13, entitled "Defective Work," sliall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed raider this Agreement the amount of Two hundred Thirty -Nine Thousand Two Hundred Nine Dollars and No Cents ($239,209,00), plus Fifty Thousand Dollars and No Cents ($50,000.00) for contingency, if necessary, resulting in a total not -to -exceed amount of Two Hundred Eighty -Nine 'Thousand Two Hundred Nine Dollars and No Cents ($289,209.00). 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. Contractor shall submit an invoice upon final completion of the Services, adhering to standard payment terms of Net 30. City is entitled to an allowance of 5% retainage until final acceptance of the Services by City. The invoice will be sent to the Finance Department for payment. The invoice must reference the contract number assigned hereto. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate Or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "Final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account wil I thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. LIQUIDATED DAMAGES. Failure to complete all the work within the time specified in Section 4, entitled Term, 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 and No Cents ($250.00) for each calendar day of delay in the MBR CONsTRUcuON, INC. City ofSuuuY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 l3 Fax 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. 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated wider 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. 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 Contractor against all loss, claims, damage, and liabilities caused by Contractor, 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 mnliml1111 limits of Two Million Dollars ($2,000,000) per occurrence. 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 not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five hundred Thousand Dollars ($500,000) pet- accident for property damage. D. Umbrella/Excess Liability Policy at a minimum of $5,000,000. The Commercial General Liability, Automobile and Umbrella policies must include the City of Sunny Isles Beach as Additional Insured, be based oil a Primary /Non -Contributory basis, and include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. 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 M►3R CONSTRUCTION. INC. City ofSunny Ls/es Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 arid maintains, until the completion of tile 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. PUBLIC CONSTRUCTION BOND. The Contractor shall furnish a Public Construction Bond to Ile City in an amount not less than one hundred percent (100%) of the Contract Price. The bond furnished by the Contractor shall incorporate by reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Price is adjusted by Change Order executed by the Contractor, (lie penal sum of the bond shall be deenned increased by like amount. The bond furnished by the Contractor shall be in form required by the City and in conformity with Section 255,05, Florida Statutes, shall be recorded in the Public Records of Miami -Dade County before construction commences, and shall be executed by a surety, or sureties, reasonably suitable to the City. 10, ACCIDENT PREVENTION AND BARRICADES. Contractor shall comply with City, State and Federal regulations and permit requirements for the placement of the proper, 'Traffic Control Devices. Barricades, cones, construction fencing, temporary Const.ruCtion fencing per City regulations and other relevant requirements, shall be provided by the Contractor when work is performed in areas traversed by persons, vehicular traffic or when deemed necessary by the City Project Manager(s) at no extra cost to the City. Precautions shall be exercised at all times for the protection of persons and property. All services performed under this contract shall conform to all relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation's Design Standards (DS) and OSHA during the course of such effort. Where requirements vary or conflict, the more stringent shall apply. Any fines levied by the above -mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. 11. SAFETY MEASURES. Contractor shall take all necessary precautions for tile safety of pedestrians and shall erect and properly maintain at all times all necessary safeguards far 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 and/ or vehicles are in close proximity work shall cease until it is safe to proceed. N1131t CONSTRUCTION, INC. City of Sung)) Zvles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 12. WARRANTY OF GOODS & SERVICES. A. The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete, including subcontract provided services. 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 shall provide a one (1) year warranty on all materials, including subcontract provided goods. 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 fiurnished 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. 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. MBR CONSTRUCTION, INC. City of SumyIslesBeach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 l3 Fax C. If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation beyond a period of five (5) years 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 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 ill 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. hIl3R CONSTRUCTION, INC. GO, ofSunn.), Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113 Fax B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(l) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. Tile 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 sliall not, either during the terra of this Agreement or any time for a period of ten (10) years subsequent to the expiration or termination of this Agreement, 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 frorn violating such provisions. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to 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 tine 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 mature 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. 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 N-113R CONSTRUCTION. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax enforce any term or provision tinder 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. SUBCONTRACTORS. Upon execution of this Agreement, Contractor shall furnish City, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor for the Services. City shal l promptly reply to the Contractor, in writing, stating any objections City may have to such proposed Subcontractor. Contractor shall not enter into a Subcontract with a proposed Subcontractor with reference to whom the City has made timely objection. Contractor shall not be required to Subcontract with any party to whom the Contractor has objection. All subcontracts shall afford City rights against the Subcontractor which correspond to those rights afforded to the City against the Contractor herein. 19. 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 smorTis a sibfl.net aboilea t c n nlaw.com If to the Michael Boss, President SID, -1C>J2_0e e,p VL Contractor: MBR Construction, Inc. G 5Tc rA P0'0 P- 1020 NW 51 Street ch 1st- C on���n'iJL Fort Lauderdale, Florida 33309 Tel: (954) 486-8404 bra @t'nd°^seta TN. C rnbossambrconstruction.com tkoch c mbrconstruction.com 20. PUBLIC RE, CORDS. 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. M IABR CONSTRUCTION, INC. 9 City nfSttni p Isles Berrch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax 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 tale Contractor or keep and maintain public records required by the City to perform the set -vice. If the Contractor transfers all public records to the City ilpon 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, CityClerli@siMnet, 18070 Collins Avenue, 4t1i Floor, Sunny Isles Beach, Florida 33160. 21. 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. 22. 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 Vlll 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 1.2086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. N113R CONSTRUCTION, INC. 10 CI{tt of Sunny Lyles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23. 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 acgUire 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. 24. 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 wider this Agreement. 25. 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." 26. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List., created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018, Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond ill 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. MBR CONSTRUCTION, INC. 11 Citt; ofSuntty Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 331.60 (305) 947-0606 phone (305) 949-31 13 Fax 27. 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 fiirther 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 Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Consultant during the contract term. Further, ConsUltant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (littl)s://Nvww.e-verify.gov/employers/enrolling-ilr-e-verify) and follow the instructions. The Consultant must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment "D." 28. HUMAN TRAFFICKING. PurWant 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, tinder 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. 29. 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 patties 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. MBR CONSTRUCTION, INC. 12 City of Sunny Mes Beach 18070 Collins Avenue, Suntly Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. MBR CONSTRUCTION, INC. ael Boss, President STATE OF FLORIDA: COUNTY OF g,,r � —: The foregoing instrument was acknowledged before me by means of E1 physical presence or ❑ online notarization, this day of November 2025, by Michael Boss, as President of MBR ..,Construction, Inc. Personally Known V"' or Produced Identification _ Type of Identification Produced: I1 Notary Pu lic, State of orida (Signature of Notary Public) WENDYBROCCOLI StONIM 258M (Print, T ,�mXPIRES:Augusf28,2028 Commis °` Public) CITY F SUNNY ISLES BEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: Department Head ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney MBR CONSTRucr1oN, INC. 13 Cite of Stim y Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A NIBKCONSTRUCTION, INC. 14 The Experience You Need... The Hones(y You Expect. October 14, 2025 Mr. Todd Nobles Assistant Public Works Director City of Sunny Isles Beach, FL Reference Heritage Park Parking Garage Subject: Replacement of Trench Drain Frames and Grates Thank you for the opportunity to present our proposal for the remedial work at the referenced facility. Our proposal is based on our site visits, subcontractor site visits and provided as -built drawings. The scope of work comprising this proposal is as follows: • Remove and dispose of existing trench drain covers. Remove and clean out accumulated dirt and debris from existing trenches. • Provide GPR to locate and map structural reinforcing members in the existing concrete. • Cut existing concrete to remove existing drain cover frames and create void areas for new trench drain frame and grate Installations. • Provide and install new 6" and 12" heavy duty galvanized steel frame and grate system at the 5 levels (see attached product cut sheets) • Provide and Install rebar and 5,000 PSI concrete at new trench drain locations on the 5. levels of the parking garage • Clean up, return the work area to full service original condition and demobilize. Our price for the above scope of work is $239,209.00 and includes all labor, materials, hiring and supervision of trades, MOT, phasing, bond, licenses, insurance and permits for a complete job. We exclude engineering, builders risk insurance, permit fees, pavement markings, other plumbing related work and night work: We offer an add -alternate to replace the deteriorated cleavis hangers with new galvanized cleavis hangers for $66 each. We look forward to providing these services to the City of Sunny Isles. Sincerely, Ed Broccoli Chief Estimator MBR Construction, Inc. Cc: Mike Boss, President. NW 5111 Street, Ft. Lauderdale, FL 33309 P 954.486,8404 F 954,486,9579 MBRconstruction.com Llc, t1cG c1512261 11 .3 m v M Z 0 m w� a SMITHO JAY R. LOCATION SMITH MFG, CO." ' UMBER OF PADMIS GROUP LITEFUUMUL 6\ •�� POST OFFICE BOX a237 Va-400UERY, ALA AMA YiiO04237.(USA) CORN N" TEL, OM-277-8520 FAK J21.272.7Y,G rxwytrr.'Atcm y UEUBEROF, N,_,,1 f f%t nR 9940-LC FRAME & GRATE SYSTEM 1 9.844 r-19.68"TYP 91.10" TOP VIEW (Ductile Iron Slotted Grates Shown) SIDE VIEW Concrete Anchors (8) per 91-10" Frame Welded Installation Device for Rebar Support. Posts by Others (4) per 9'-10" Frame. z 11,75'1 5 5.25" w a 3 w Z U 5" 0 3,75" SECTION VIEW OF FRAME LL Z 2 REGULARLY FURNISHED: OPTIONAL FRAME MATERIAL: Enamel Coated Welded Steel Frame Stainless Steel (304) Support System with Concrete Anchors I� Galvanized Steel Q W (1 pair every 9,840) and Reber Installation Devices (4 per9,841 frame section), o Supplied with Secured Grates as Specified' r; a (See Backsheet), Y 0 1l ench Drain Series WEIGHT VOLUME FIGURE NUMBER POUNDS CUBIC FEET 9940-LC z REV.. DATE DESCRIPTION BY CKO. BY WARNING; Cancer and Reproductive Hami-1Hw7.P65WarnhVs.ca.gov SMITH' JAY R. LOCATION SMITH MFG. CO." AIE VOER OF MOWS OROUP l'RERIIATIOMAL POST OFFICE BOX a227 .:= LWITOOMETIY. AIADAVA 361020237{USA) oHNElj6 7EL•JJ/•277-b520 FA%;JNd72.7J56 K•hwyunlhcom b 12EUOEnOf, 9940-LC FRAME & GRATE SYSTEM m a D m z N z g Light Duty, DIN 19580 Class A - 3,500 Ibs - 70 psi 0 For pedestrian, wheel chair and bicycle traffic o a ki a @ 9870-410-GP-1/4 dia. perforated galv. steel grate (27.60 SQ. IN.) Open Area/1 Meter 9870-420-G - 3 1/4x 3/8 slottedgaly, steel grate (42.60 SQ. IN.) Open Area/1 Meter LL 9870-450-SS- 3 1/4 x 3/8 slotted stainless steel grate (42.60 SQ. IN.) Open Area/1 Meter w W 9870-451 -SSPA- 1/4 dia. perforated stainless steel grate (27.60 SQ. IN.) Open Area/1 Meter z s 9870-447-SSADA- 1 13/16 x 3/16 longitudinal stainless steel slot bar grate (95.00 SQ. IN.) Open Area/1 Meter 1 1 9870-494-PADAB- 1 3/4 x 5/16 longitudinal slot black polypropylene grate (28.00 SQ. IN.) Open Area/1/2 Meter 0 ti z Heavy Duty, DIN 19580 Class C-56,000 Ibs -1,162 psi h For commercial pneumatic tire traffic patterns, forklifts and tractor trailers 9870-405-GM-1 3/16 x 1/2 longitudinal galv. steel slot bar grate (125.30 SQ. IN.) Open Area/1 Meter 19870-411-GPHD- 1/4 dia. perforated gaiv, steel grate (27.60 SQ. IN,) Open Area/1 Meter PU o 2 9870-416-GS- solid galvanized steel cover 9870-425-GHD- 31/4 x 3/8 slotted gale, steel grate (42.60 SQ. IN.) Open Area/1 Meter a F 9870-430-SSM- 13/16 x 1/2 longitudinal stainless steel slot bar grate (125.30 SQ. IN.) ° Open Area/1 Meter 0 9870-455-SSHD- 3 1/4 x 3/8 slotted stainless steel grate (42.60 SQ. IN.) Open Area/1 Meter ca W a' 3 9870-465-SSP-1/4 dia. perforated stainless' steel grate (27.60 SQ.' IN.) Open Area/1 Meter 9870-479-MD- Mosaic pattern ductile iron grate (19.50 SQ. IN) Open Area/1/2 Meter i 19870-492-RC-1 1/2x 13/16 slotted resin composite grate (16.30 SQ. IN.) Open Area/1/2 Meter tA m z y Extra Heavy Duty, DIN 19580 Class E- 135,000 Ibs - 2,788 psi For commercial solid tire traffic patterns, forklifts and impacts from steel struts or metal wheels. 9870-435-.GHDE- 3 1/4 x 3/8 slotted galv. steel grate (42.60 SQ. IN.) Open Area/1 Meter m 9870-461-M- 3 15/16 x 3/8 ductile iron slotted grate (21.00 SQ. IN.) Open Area/1/2 Meter V 9870-478-MADA- 13/4 x 5/16 longitudinal ductile Iron slotted grate (14.30 SQ. IN.) Open Area/1/2 Meter ,J 9870.490-SSHDE- 3 1/4 x 3/8 slotted stainless steel grate (42.60 SQ. IN.) Open Area/1 B, z ° Meter d' om o WEIGHT VOLUME FIGURE NUMBER POUNDS FEETICUBIC 9940-LCBS m LL z flEV. DATE DESCRIPTION 13Y CKD, BY WARNING: Cancer and Reproducti+Ne Harm-mywP65Wamings;ca.gov a SMITH° JAY R. LOCATION SMITH MFG. CO'9 , IJFEUMT1 OF UORRIS OROUP BUERNAF ORAL AZX POST OFFICE PAX 3?37 U01MOO E"Y.ALASAUA 361090237 BBIJ•2752J FAX:J)1.272.76 II IEUR OCusTEUFI 4 yN<J t LCT IIY 9960-LC FRAME AND GRATE SYSTEM W Z j o P Z U m u) R I� 9.84" oT 0 CD 0 z r h F o m w R a k 1 I 1.66" "TOP VIEW CAST IRON SLOTTED GRATE SHOWN" T R T T n T 0 B O •G• ,0, 0 0 0 O 0 O ........................................................................... 1 U 1 1 U 1 19.68"—.-I , 19.68" v. 1-.-19.68" 19.00" 12.19" 19.68° t;d 1 1 W A 118,14" VARIATIONS: —�I— 9.63" --I-•-- SECTION VIEW OF FRAME Welded Installation Device For Rebar Support. "Rebar posts by others" (4 Per Frame) REGULARLY FURNISHED: OPTIONAL FRAME MATERIAL: Powder Coated Welded Steel Stainless Steel (304) Frame Support System with ( I Galvanized Steel Concrete Anchors (One Palr Every 18 Inches). Supplied with Secured Specified Grate, 9.84" End Frame Heavy Duly, DIN 19580 Class C -56,000 Ibs -1,162 psi for commerical pneumatic tire traffic patterns, forklifts and tractor trailers. 9960-MC Ductile Iron Slotted Grate 1 9960-GM Galvanized Steel Mesh Grate 9960-GPHD Galvanized Steel Perforated Grate H9960-SSM Stainless Steel Mesh Grate 9960-SSP Stainless Steel Perforated Grate Extra Heavy Duty, DIN 19580 Class E -136,000 Ibs -2,788 psi for commercial solid tire traffic patternm forklifts and Impacts from steel struts or metal wheels. 9960-M Slotted Ductile Iron Grate 9960-MADA Ductile Iron ADA Grate WEIGHT VOLUME FIGURE NUMBER POUNDS CUBIC FEET A 2.22.21 Added MCOption KK PJ 9960-LC REV. I DATE DESCRIPTION BY CKD. BY WARNING: Cancer and ReprodudNe Harm - mw&65Warnfngs.ca.9ov Q1, of Sr nn.l+ Islas Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113 Fax Attachment B M13R CONSTRUCTION, INC. 15 City ofStint.y Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax Attachment C MI3R CONSTRUCTION, INC. 16 o` S�ai�r it �i V Z CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.1351 gam, on behalf of IA P_- .. (InNt� YU Print Name Company Name certifies that �kbe does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. lgn e Title Date City ofSuniq Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 plione (305) 949-31 13 Fax Attachment D M[iR CONSTRUCTION, INC. 17 E-Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.sov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Company Name er nature Print Name Federal Employer Identification Number (FEIN) Date t Ple4, o Title Notary Public Information Sworn to and subscribed before me on this this 1,e�day of i Zak 202rD personally known to me ❑ Has produced identification (type of identification produced: ) Sign at re Notary Public WENDYBROCCOLI MY COMMISSION t! HN 265804 Print or Stamp of Not W` x ira ion Da Ci(s) ofSuutryIsles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 I"ax Attachment E NOR CONSTRUCTION, INC. 18 SUNNY Is�� n V I r �r r tit , r F l 00� 9� CrA'aF fVIA P, Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: A a — a S , 20_ S' Entity:N Ti STATE OF V\oYt �- COUNTY O The foregoing instrument was acknowledged before me, by means of phi` ysica preseDce or ❑ online notanzati n, this � day of 2d�_, by �t55 S as P� �5--- for who is personally known to me or who has produced as identification. Notary Public Signature: Print Name:. �JYDCGd� State of Florida at Large (Seal) M�YP`�IQn BROCCOLI �J h�1YG j�I fOt�tl#2 ' %FaF off° EXPIRES: August28,2026 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Fabricio Volpi, Public Works Director November 20, 2025 Approval of an Agreement with MBR Construction for Remedial Work the Heritage Park Parking Garage RECOMMENDATION: Staff recommends approval of this resolution. REASONS: The City of Sunny Isles Beach is in need of replacement of the trench drain frames and grates at the Heritage Park Parking Garage. The current condition is hazardous to moving vehicles. This project is complex as the drains are a custom size and require careful concrete work. MBR Construction has agreed to provide said services through a piggyback agreement of Broward Sheriff's Office contract. As time is of the essence, the contract Term is 90 days from NTP with a Contract amount of $239,209.00 plus $50,000.00 for contingency if needed, in the amount not to exceed $289,209.00. ADDITIONAL INFORMATION: Copies of the complete contract file, including all exhibits and attachments, are on file with the Office of the City Clerk and are available upon request. ATTACHMENTS: Resolution Agreement Item Number: 91 273