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HomeMy WebLinkAboutReso 2026-4002RESOLUTION NO. 2026--6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH CONCRETE WORKS & PAVING, INC. TO PROVIDE REPAIR SERVICES FOR PAVERS, CONCRETE, AND ASPHALT, CITYWIDE, ON AN AS -NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($240,000.00), ATTACHED HERETO AS EXHIBIT "A" AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY 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 to a contractor to provide repair services for pavers, concrete, and asphalt, citywide, on an as -needed basis (the "Services"); and WHEREAS, in accordance with procurement requirements set for in Sections 62-6 and 62-7 of the City's Code of Ordinances ("Code"), the City obtained three (3) quotes; and WHEREAS, Concrete Works & Paving, Inc. (the "Contractor"), provided the City with the lowest responsible and responsive quote; and WHEREAS, on January 6, 2026, the City Manager executed an Agreement with the Contractor to provide the desired Services, in an amount not to exceed $48,050.00; and WHEREAS, City staff has determined that more comprehensive repair Services ("Additional Services") are required to uphold the City's established aesthetic standards; and WHEREAS, in March 2025, the county of Broward, Florida ("Broward County") issued an Invitation to Bid No. PNC2129632B1 for concrete and asphalt restoration services (the "Bid"); and WHEREAS, in June 2025, Broward County awarded Contract No. PNC2129632B1 to the Contractor; and WHEREAS, the Contractor has expressed their desire and ability to provide the City with the Additional Services, and will offer the City the same pricing, terms, and conditions under Broward County Contract No. PNC2129632131; and WHEREAS, pursuant to Section 62-13(C), 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 procedures of the City's Code; and WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement with the Contractor for the Additional Services, in an amount not to exceed Two Hundred Forty @BCL@B816D93C Page 1 of 2 292 Thousand Dollars and No Cents ($240,000.00), bringing the total contract amount not exceed Two Hundred Eighty -Eight Thousand Fifty Dollars and No Cents ($288,050.00), 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 First Amendment. The City Commission hereby approves a First Amendment to the Agreement with the Contractor for the Additional Services, in an amount not to exceed Two Hundred Forty Thousand Dollars and No Cents ($240,000.00), bringing the total contract amount not exceed Two Hundred Eighty -Eight Thousand Fifty Dollars and No Cents ($288,050.00), attached hereto as Exhibit "A". Section 2. Authority of the Mayor. The Mayor is hereby authorized to execute said Amendment. Section 3. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. ATTEST• y. Effective Date. This Resolution shall become effective)055- p adoption. PASSED AND ADOPTED this 19' day of Ma Mauri'cio Betancur, CIVIC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A.,'City Attorney Moved by:�� �. Seconded by:(w�10u1s.5romf 2— jioaw_� Vote: Mayor Svechin (Yes) (No) Vice Mayor Viscarra Yes) (No) Commissioner Joseph Yes) (No) Commissioner Lama (Yes) No) Commissioner Stuyvesant (Yes) (No) @BCL@B816D93C Page 2 of 2 293 SVN"Y SF �� e= FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND 4Fc ➢J. FL00.0 s CONCRETE WORKS & PAVING, INC. CONTRACT NO. 2025-8898 THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH (hereinafter "City") and CONCRETE WORKS & PAVING, INC., a Florida corporation, whose Federal Em. oy_er Identification (FEI) Number is 81-1696911 (hereinafter "Contractor"), executed this 31 S day of March 2026, is made a part of the original Agreement between the City and Contractor, dated January 6, 2026 (hereinafter "the Agreement"), attached hereto as Exhibit "A." The City and Contractor hereby agree as follows: 1. TERM. City and Contractor wish to amend Section 4 of the Agreement, entitled "Term," as follows: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall terminate on September 30, 2026. The terms of Section 14, entitled "Indemnification and Waiver of Liability," Section 22, entitled "Compliance with Law," Section 10, entitled Warranty of Services, and Section 11, entitled "Defective Work," shall survive termination of this Agreement. 2. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 5 of the Agreement, entitled "Compensation," to provide additional compensation for the Services in an amount not to exceed Two Hundred Forty Thousand Dollars and No Cents ($240,000.00). The additional compensation provided herein will bring the total Agreement to a not -to -exceed amount of Two Hundred Eighty -Eight Thousand Fifty Dollars and No Cents ($288,050.00). 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated January 6, 2026 shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Exhibit "A." [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CONCRETE WORKS & PAVING, INC. — FIRST AMENDMENT Page 1 of 3 010 of Sunny Isles Bench 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113 Fax IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. CONCRETE WORKS A PAVING, INC. BY: Q STATE OF FLORIDA: COUNTY OF BROWARD: A. Medifia, Jr., President The foregoing instrument was acknowledged before me by means of 19 physical presence or ❑ online notarization, this 3o day of March 2026, by Alvaro A. Medina, Jr., as President of Concrete Works & Paving, Inc. (SEAL) .OSE ROBIETO Notary %:.?c . State of Fiorlda Ccr- missior # HH 271609 orA:••' My Ccrcr, 3ctstres Sep 23, 2026 8ondec throt.gh %atloral Notary Ann, Personally Known ✓ or Produced Identification Type of Identification Produced: ATTEST: IM CMC City Clerk Notary Public, State of Florida (Signature U Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) CITY F S ISLES BEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: AZain E. Boileau, 4f,,=X=.ab®r5, Giblin & Nickerson, P.A., City Attorney CONCRETE WORKS & PAVING, INC. — FIRST AMENDMENT Page 2 of 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT A CONCRETE WORKS & PAVING, INC. — FIRST AMENDMENT Page 3 of 3 S 'ANY I AGREEMENT BETWEEN THE CITY OF SUNNY ISLES j BEACH AND CONCRETE WORKS & PAVING, INC. u'D➢• FLO0.CONTRACT NO. 2025-8898 iLN T33IS NTRACTUAL AGREEMENT (hereinafter "Agreement") is made this day of 1� ;°r 2026, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and CONCRETE WORKS & PAVING, INC., a Florida corporation, whose Federal Employer Identification (FEI) No. is 81-1696911 (hereinafter "Contractor,). RECITALS WHEREAS, the City is in need of a contractor to make repairs to pavers on public sidewalks at multiple locations throughout the City ("Work" or "Services"); and WHEREAS, in accordance with the informal competitive bidding requirements set forth in Sections 62-6 and 62-7 of the City's Code of Ordinances, the City obtained 3 quotes, pursuant to which Contractor submitted a response thereto; and WHEREAS, Contractor was selected as the lowest responsible and responsive bidder; and WHEREAS, Contractor is qualified, insured, willing, and able to provide the desired Services subject to the terms and conditions contained herein; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services, as more particularly described in the Contract Documents, for Thirty -Eight Thousand Fifty Dollars and No Cents ($38,050.00), plus Ten Thousand Dollars and No Cents ($10,000.00) for as -needed additional repair locations, if necessary, resulting in a total not -to -exceed amount of Forty -Eight Thousand Fifty Dollars and No Cents ($48,050.00); 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. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement and 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 Between the City of Sunny Isles Beach and Contractor — Contract No. 2025-9238. B. Second, Contractor's Proposal, appended as Attachment "A." 3. SERVICES. Contractor shall provide the Services pursuant to the Contract Documents. The Services shall include furnishing all labor, equipment, and materials. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor CONCRETE WORKS & PAVING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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, 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. 4. 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 final completion, shall constitute the "Contract Time." The terms of Section 14, entitled "Indemnification and Waiver of Liability," Section 22, entitled "Compliance with Law," Section 10, entitled Warranty of Services, and Section 11, entitled "Defective Work," 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 the amount of Thirty -Eight Thousand Fifty Dollars and No Cents ($38,050.00), plus Ten Thousand Dollars and No Cents ($10,000.00) for as -needed additional repair locations, if necessary, resulting in a total not -to -exceed amount of Forty -Eight Thousand Fifty Dollars and No Cents ($48,050.00). 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. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. B. 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 CONCRETE WORKS & PAVING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles. Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. Notwithstanding anything to the contrary in the Agreement or the other contract documents, payment to the City by any other source will not be a condition precedent to payment to Contractor of any amounts due hereunder. C. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage, and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General liability insurance, 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 Two Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. B. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. CONCRETE WORKS & PAVING, INC. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, The Commercial General Liability, Automobile and Umbrella policies must include the City of Sunny Isles Beach as Additional Insured, be based on 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 authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub- contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. 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 construction 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, at no extra cost to the City. Precautions must 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. 9. 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 and/ or vehicles are in close proximity and work shall cease until it is safe to proceed. CONCRETE WORKS & PAVING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. WARRANTY OF SERVICES AND MATERIALS. A. The Contractor shall warrant the labor performed and materials used 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 fumish 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. 11. DEFECTIVE WORK. A. If required by City, Contractor shall promptly, as directed and at Contractor's sole expense, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by City, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 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. 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 CONCRETE WORKS & PAVING, INC. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 12. 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 thirty (30) days to cure such default. If the default remains uncured after thirty (30) 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 CONCRETE WORKS & PAVING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor ten (10) days written notice. The terms of Paragraph A(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. 13. 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 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 from violating such provisions. 14. 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 the willful misconduct or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. 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. 15. 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 parry 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 CONCRETE WORKS & PAVING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 16. 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 shall 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. 17. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either parry 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 smorris sibfl.net aboileau n law.com If to the Alvaro A. Medina, Jr. President Contractor: 5322 Chesterfield Drive Ave Maria, Florida 34142 Tel: (305) 218-4816 amedi009@hotmail.com 18. 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. CONCRETE WORKS & PAVING, INC. 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 41n Floor, Sunny Isles Beach, Florida 33160. 19. 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. Notwithstanding anything in this Agreement or the Contract Documents to the contrary, Contractor's obligations related to any audit shall be limited to substantiating that its billing is in conformity with the terms of the agreement and to furnishing documents which verify charges billed to the City on a time and material basis. City's right to audit shall not extend to fixed, lump -sum or unit pricing except and only as it relates to substantiation of charges in conformity with the terms of the agreement. 20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to 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. 21. 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 CONCRETE WORKS & PAVING, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 22. 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. 23. 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." 24. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment `B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 25. 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 CONCRETE WORKS & PAVING, INC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax system. Florida Statute 448.095 further provides that if a 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 (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the 1-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment "C." 26. 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 "D," 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. 27. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parry granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. CONCRETE WORKS & PAVING, INC. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CONCRETE WORKS & PAAVING, INC. BY: U STATE OF FLORIDA: COUNTY OF HOW"-Q Medina,pr. President The foregoing instnunent was acknowledged before. me by means of M physical presence or ❑ online notarization, this 1_4 day of December 2025, by Alvaro A. Medina, Jr., as President of Concrete Works & Paving, Inc. (SEAL) CASEY DOSE ROBLETO Notary Public . Stated Florida =ate commission d HH 271609 of V My Comm. Expires Sep 23, 2026 Boned through National Notary Assn. Personally Known or Produced Identification _ Type of Identification Produced: &-4 Notary Publi , State of Florida (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name ofNotary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] U,NCUTE WORKS & PAVING, INC, 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST am Department Head CITY OF SUNNY ISLES BEACH BY: C, City Clerk Stan Morris, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 9&., - aim E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney CONCRETE WORKS & PAVING, INC. 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A CONCRETE WORKS & PAVING, INC. 14 CONCRETE WORKS PAVING, INC. CGC 1526499 5322 Chesterfield Drive, Ave Maria, FL, 34142 PH: (305) 218-4816 FAX: (305) 230-7555 DATE: TOT CONTRACT: Concrete/Asphalt Restoration Services PR03ECT: 3 So am ewa CWP #: SIB-011 CONTRACT #: PNC2129632B1 ITEM DESCRIPTION OUANTny UNIT UNIT TOTAL 111115101 3 Standard mobilization for Paver Work EA $ 300.00 $ 300.00 IBM 6 Work Zone Signs, F&I one sin each day 0U DAY 1.00 $ 100.00 111111IR1111111 13 Tr 1 DAY $ 1.00 1000.00 16 DOT Certified Fla Personme- HR 20.00 $ 800.00 11111111501111111 80 Remove & reolace existing Pavers Architectural Roadway SY $ 100.00 $ 24 300.00 94 Additional Laborer NW69M HR 20.00 3,200.00 111111101111111 98 i-AxleDumo truck & Operator HR 30.00 2,400.00 138 Soecialty Contractor Services = MOT Plan LS $ 950.00 $ 950.00 138 — MOT Setur) & Pick tin lownfamm IS 5,000.00 5,000.00 TOTAL ESTIMATE $ 38,050.00 Scope of Work: _ 1 31' x 7 2 76 x 7' 3 Tx7' 4Tx7' 5 Tx 7' 6 22' x IT 7 10' x 12' 8 12' x 18' 9 8' x 7' 10 20' x 10' 11 43' x 10' SIB-011 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B CONCRETE WORKS & PAVING, INC. 15 P CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.1351 I, ALVAeo Q -H piAs"e , on behalf of L� eli-e V,ozet i (2A,,!j ► )m Print Name Company Name certifies that", e V6g4a ` eA-u yw, ►nc 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. Si e Title is/aq Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C CONCRETE WORKS & PAVING, INC. 16 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.gov/eml)loyers/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. ate q6m,!�4 ' PA-J,nq, (etc Company J. Print Name e> I - Iit Federal Employer Identification Number (FEIN) Date PES )r>en lr Title Sworn to and subscribed before me on this this 8 Ll day of�G-+M� r-,e ,�92�aoaS By kwhdo A 14eitik C/ is personally known to me ❑ Has produced identification (type of identification produced: C45EY JOSE ROBLE70 4,-*`, Notary Public • State of Florida Commission # HH 271609 my Comm. Expires Sep 23, 2026 Bonded through National Notary Assn. or Stamp of Notary Public Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D CONCRETE WORKS & PAVING, INC. 17 s o+ s� N °'•+� �I ,�Iln� + Affidavit of Compliance with Anti -Human Trafficking Laws Cily of Sunny lslns Ronch 18070 Collins Avnnuo Sunny lslns Bunch, FL 33100 Tofophune: (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 f Entity. Date: Dt t.Ev0 Ore_ 74 , 20 1 Signed: P Entity: _Qgnue-Ee Wagcs �9A,nrA (ru Name: 4,,w.J�toNA e. Title: STATE OF�� COUNTY OF Per P The foregoing instrument was acknowledged before me, by means of Vphysical presence or ❑ online notarization, this 94 day of 20 2-S , by AWA�o A tq"&,u4J5-4 as for r�,-W ele uJ QPV_,r � 0AJ, ,,/fie , who is nally know ,_meter who has produced — as identification Notary Public Signature: Q-'C��q Print Name: ,��iyor� CASEYJOSERDafFlorida.. I+Y •� `F=}} Notary Public • Sta n��/ Commission 4 Hmy Comm. Expires Bonded through Nattona State of Florida at Large (Seal) My commission expires: 4I v �� rTr of sup+ �'� 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 March 19, 2026 Approval of First Amendment with Concrete Works & Paving Inc. for As - Needed Citywide Pavers, Concrete and Asphalt Repairs RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach is in need of services for citywide paver and concrete repairs. Several sidewalk locations have lift and relay sunken concrete unit pavers on public sidewalks. The Contractor will re-establish a uniform surface by lifting and relaying pavers and concrete as needed. Work will be phased to maintain a safe, accessible pedestrian path at all times. Subject to Maintenance of Traffic, (MOT) restrictions and access conditions. The City will contract by way of piggybacking Broward County Contract PNC212963261_1, titled, Concrete and Asphalt Restoration Services. The contract term will end on September 30,2026. The First Amendment amount is $240,000, bringing the total contract amount to $288,050. ADDITIONAL INFORMATION: A complete copy of the contract file, including all exhibits and attachments, is on file with the Office of the City Clerk and is available upon request. FUNDING SOURCE: Funds have been appropriated in Account No.110-5-5410-434041-00000. ATTACHMENTS: Resolution Item Number: 9.M 290 First Amendment - Concrete Works & Paving, Inc. Broward County Bid Tabulation.pdf Item Number: 9.M 291