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HomeMy WebLinkAboutReso 2006-899 RESOLUTION NO. 2006 - 89'1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SHENANDOAH CONSTRUCTION COMP ANY FOR THE CLEANING OF STORM WATER DRAINS AND CATCH BASINS AND JETTING OF LINES THROUGHOUT THE CITY, IN AN AMOUNT OF TWENTY-FOUR THOUSAND FOUR HUNDRED SEVENTY-FIVE DOLLARS AND FIFTY CENTS ($24,475.50), WITH TWO ONE-YEAR RENEWAL OPTIONS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of cleaning its storm water drains and catch basins and jetting the lines throughout the City to prepare for hUlTicane season, and to meet the requirements of the State Depmiment of Environmental Protection; and WHEREAS, Shenandoah Construction Company is qualified, willing and able to provide the desired services, and did the storm drain cleaning the last four years, and their performance was excellent; and WHEREAS, the City wishes to enter into an Agreement with Shenandoah Construction Company, to advise and assist with storm drain cleaning and jetting within the City, in the amount of Twenty-Four Thousand Four Hundred Seventy-Five Dollars and Fifty Cents ($24,475.50), with two one-year renewal options, as set forth in Exhibit "A", attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Approval of Agreement. The Agreement with Shenandoah Construction Company, for the cleaning of storm water drains and jetting of lines, in an amount of$24,475.50, with two one-year renewal options, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Contractor's Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Contractor's Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of March, 2006. R2006- Storm Drain Cleaning & .Jetting of Lines Page 1 of 2 ATTEST: ~\~'A.:-~ . Jane A. Hines, CMC, City Clerk , . APPROVED AS TO FORM AND L F ZI NCY: Vote: S-b Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler R2006- Storm Drain Cleaning & .Jetting of Lines v (Yes) V (Yes) V (Yes) V. (Yes) V (Yes) Page 2 of2 Moved by: CD~ IG:,Lcz..SI~ Seconded bY:Y' G't rt\\i\lt'OR ~R. ~ 2.1 N (No) (No) (No) (No) (No) City Commission Norman S, Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A. John Szerlag City Manager Hans Ottinot Cify Attorney Jane A. Hines City Clerk .fUN 02 2006 May 25, 2006 CIT\/ f\f~ ('II','~" or, _, _ .1 ~ ~I_ ~A.)j\jl\J;1 l~]IJ:S f3Ei~,CH Of-f'fi,r ", r '.- r,/", vC Ur I tit lJ f '( !1'f'rnOj,,/,::v \t I l"J III ;;1_ I Daniel DiMura, Vice President Shenandoah General Construction Company 1888 N. W. 2211d Street Pompano Beach, FL 33069 Re: Amendment to Correct Company's Name on Agreement with Sunny isies Beach to Provide Cieaning and ,jdting Services Mr. DiMura: On March 16, 2006, the City Commission for the City of Sunny Isles Beach approved an agreement with Shenandoah General Construction Company to provide Storm Drain and Basin Cleaning and Jetting Services. However, through inadvertence or clerical error, the name listed on the agreement is Shenandoah Construction, Inc., instead of the correct corporate name of Shenandoah General Construction Company. Please accept thi.'i letter as an official notice that the City will amend the agreement to reflect your company's name, as recorded with the Florida Division of Corporations, Shenandoah General Construction, Co. Should you have any objections to this proposed amendment, please address same directly to me upon receipt of this letter, otherwise please execute this letter at the bottom and return same to me. I have provided you with two originals of this letter, should you wish to keep one for your records. Sincerely, PSJ/pr cc: Hans Ottinot. City Attorney A. John Szerlag, City Manager Jane Hines, City Clerk Priscilla Walker, Deputy City Clerk ~~~ O~u\. Exhibit "A" CITY OF SUNNY ISLES BEACH CLEANING AND JETTING OF STORM DRAINS AND BASINS, SERVICE AGREEMENT WITH SHENANDOAH CONSTRUCTION, INC. CONTRACT NO. 0506- 029 THIS CONTRACTOR AGREEMENT made and entered into this _ day of 2006, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and SHENANDOAH CONSTRUCTION, INC., a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Contractor"), whose Federal 1.0.# is WHEREAS, the Contractor is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; WHEREAS, the City wishes to employ Contractor to provide cleaning and jetting of storm drains and basins services for the City and other services more particularly described in shown in Exhibit "A" attached hereto and made a part hereof. NOW THERFORE, in consideration of the premIses and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2, SERVICES TO BE PERFORMED. Contractor shall perform the following services no later than June 1, of each year: a. To provide cle'aning and jetting of storm drains and catch basins each year at the beginning of the hurricane season,and other services more particularly described in shown in Exhibit "A" attached hereto and made a part hereof. b. Contractor will prepare and present oral/written reports as needed or as requested on a periodic basis while engaged in special projects. Contractor shall provide, on a monthly basis, to the City Manager, a detailed narrative report delineating all services provided by the Contractor in the previous month. The Contractor shall also provide quarterly, written reports, detailing all of the Contractor's activities in the previous quarter and the results of the Contractor's efforts. Each report required herein will be submitted to the attention of the City Manager. c. The price each year for these services shall not exceed TWENTY -FOUR THOUSAND FOUR HUNDRED SEVENTY -FIVE DOLLARS AND FIFTY CENTS $24,475,50) payable: thirty days after invoiced. 13. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 10 hereunder, this Agreement shall be for a term of one (I) year with the City's option to Cleallil1g & Jettting Of Storm Drail1s And Basil1s AgrmtDoe SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 phone (305) 949-3113 Fax renew this Agreement for two (2), one-year terms, and shall commence upon execution by both paliies and the issuance of a Notice to Proceed. In the event the City elects to exercise its option to renew, Contractor agrees to honor the same price term of Twenty-Four Thousand Four Hundred and Seventy-Five Dollars and Fifty Cents ($24,475.50). This Agreement shall terminate upon the completion of Services described in Exhibit "A" or upon notice of termination pursuant to paragraph 10. Any change in fee, terms or conditions shall be accomplished by written amendment to this contract. TERM PRI CE March 1, 2006 - March 1, 2007 $24,475.50 March 1,2007 - March 1,2008 (Renewal option) $24,475.50 March 1,2008 - March 1,2009 (Renewal option) $24,475.50 4. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. 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. 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. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and 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 suppl ies, 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. I f 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 fwiher Cleal1ing & Jettting Of Storm Drains And Basins Agrmt 2 SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33 160 (305) 947-0606 phone (305) 949-3 113 Fax warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5, UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to Contractor. Upon termination, the City may re-bid the project if the Contractor fails to perform under this Agreement due to the undisclosed conditions. 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 fOlth 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, sub-Contractors or employees, as indicated below: o 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 propelty damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o 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) per accident for property damage. o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Five Million Dollars ($5,000,000). Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Cleaning & Jettting Of Storm Drail1s And Basins Agrmt 3 SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33 160 (305) 947-0606 phone (305) 949-3 113 Fax Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) 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 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's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thilty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 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. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. Contractor shall deliver to the City for approval and acceptance, and before being el igible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Contractor and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's propelty and may be reproduced and reused at the discretion of the City. The City and Contractor shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and del ivery of this Agreement and the consummation of the transactions contemplated hereby. Cleaning & Jettting Of Stann Drains And Basins Agnnt 4 SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 phone (305) 949-3113 Fax 9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to propelty, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to that agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 10. TERMINATION. a. Termination for Default. If, through any cause within the 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. I. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor(s]) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. II. 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 payments 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. Ill. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: I. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. Cleaning & Jettting OfStornJ Drains And Basins AgrnJt 5 S\B City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. Transfer all work in process, completed work and other materials related to the terminated work to the City. 4. Continue and complete all parts of that work that have not been terminated. b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed provided that the Contractor is given thirty (30) days notice. 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. 11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement without the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 12. TIME OF COMPLETION. The services to be rendered by the Contractor shall be commenced upon execution of this contract and shall be completed within the time specified in Exhibit "A", ifany time is indicated. A reasonable extension of time shall be granted in the event the work of the Contractor is delayed or prevented by the City or by circumstances beyond the reasonable control of the Contractor including weather conditions of acts of God which render the performance of the Contractor's duty impracticable. 13. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such I icenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Contractor shall (I) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. 15. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be James Watts, Public Works Director, telephone number 305/947-0606. Contractor shall not respond to requests for services under this Agreement unless the request is received directly from James Watts, Public Works Director, or designated personnel. Any requests received from other City depaltments/divisions shall be referred to the City Manager's Cleaning & Jettting Of Storm Drail1s And Basins Agrlllt 6 SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Department representative designated above. Services performed without authorization by James Watts, Public Works Director, shall be considered unauthorized and shall not be compensated/paid by the City. 16. ARBITRATION. It is the intention of the pmiies that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the pmiies or, if neither party prevails on the whole, each pmiy shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidentiaL" As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such prOVISIons. 18. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or ceIiified mail, return receipt requested and, if intended for City to A. John. Szerlag, City Manager, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins A venue, Sunny Isles Beach, Florida 33 I 60, and, if intended for Contractor, shall be addressed to, Shenandoah, Inc., 1888 N.W. 22nd, Street, Pompano Beach, FL, 33069 Attention: Daniel DiMura, Vice President, Telephone: 954/975-0098; Fax: 954/975-9718. 19. GOVERNING LAW. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 20. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 21. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act Cleaning & Jettting Of Storm Drail1s And Basins Agrmt 7 SIB City of SUIlIlY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of 1990, the Age Discrimination Act of 1975, Executive Order I 1063, and with Executive Order I 1248 as amended by Executive Orders I 1375 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/family status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 22. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2- I I. I, as amended; and by 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. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 24. MISCELLANEOUS. a. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or firms to perform services including those provided hereunder. b. Contractor and its employees shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or_apply to the services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. c. Contractor shall obtain and keep in force during the term of this Agreement all necessary licenses, registrations, certificates, permits and other authorizations as are required by law in order for Contractor to render the service(s) required hereunder. d. Contractor shall not use the name or official seal of the City in any promotional material without the prior written consent of the City. Cleaning & Jettting Of Storm Drains And Basins Agnnt 8 S/8 -. City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax e. Except as expressly provided for in this Agreement, Contractor is not authorized to act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder, either in Contractor's relations with sub-Contractors, or in any other manner whatsoever. 25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is expressly incorporated herein by reference, shall constitute the entire agreement between the palties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 26. AMENDMENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the paIty granting such waiver. IN WITNESS WHEREOF, the paIties hereto have executed this Agreement in duplicate on the day and--year first written ab - e. '::-\ SHENANDOAH CONSTRUCTION, INC. 4/~ ~ Daniel Dl ura, Vice President By: CITY OF SUNNY ISLES BEACH APPROVED AS TO FORM AND L L FFICIENCY By: Cleaning & Jettling Of Storm Drains And Basins Agnnt 9 SIB City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk April 4, 2006 Daniel DiMura, Vice President Shenandoah Construction, Inc. 1888 N.W. 22nd Street Pompano Beach, FL 33069 Re: Storm Drain and Catch Basin Cleaning Services Agreement Dear Mr. DiMura: At its regular meeting of March 16,2006, the City Commission adopted Resolution No. 2006-899, which approved a Storm Drain and Catch Basin Cleaning Services Agreement with Shenandoah Construction Company. Attached are an original, executed agreement and a copy of the approving resolution for your files. Further, this is to document receipt of your Certificate of Liability Insurance. Thank you. Very truly yours, ~~lU~ Priscilla Walker Deputy City Clerk Attachments cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jim Watts, Public Works Director Jean Watson, Finance Director (original) Shaun Gelvez, Contracts Administrator Office a/the City Clerk (305) 792-1703 Phone (305) 94y-. Stormwater Drain Cleaning Agrmt W-Shenandoah Trans Ltr , ACORD~ CERTIFiCATE OF LIABILITY INSURANCE CSR EG I DA TE (MMIDD!YYYY) SHENA 1 01/03/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.J.K. INSURANCE, INC. HOLDER. THIS CERTIFICATE DOES NOT AI'!lEND, EXTEND OR 2500 NORTH POWERLlNE ROAD AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POMPANO BEACH FL 33069 [INSURERS AFFORDING COVERAGE I Phone: 954-979-5855 Fax:954-979-6788 I NAIC# INSURED INSURER A: Zurich American Insurance 1 INSURER B: Bridgefield Employers Ins. Co. I Shenandoah General INSURER C: 1 Construction Company American Guarantee &Liability. 1888 N.W. 22 street INSURER D: I Pompano Beach FL 33069 !INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIOI\fS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY NUMBER I POLlCi,EFFECTIXE Pgk'fE\~~bRD~N LIMITS LTR lNSRD TYPE QF INSURANCE DATE MM/DDIYY GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - UAMAbc URl::NI ioU A X X COMMERCIAL GENERAL LIABILITY CP0930830-002 12/31/05 12/31/06 PREMISES (Ea occurence) $300,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000 0$25,000 Ded. PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE 1$2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 l Tx PRO- n Emp Ben. 1,000,000 POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 A X ANY AUTO BAP930830102 12/31/05 12/31/06 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY - (Per accident) $ X NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) RAAOC u..,u~ AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG 1$ ~ESS/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 C X OCCUR D CLAIMS MADE AUC5917921-00 12/31/05 12/31/06 AGGREGATE $2,000,000 $ h o>occr",., $ RETENTION $-0- $ WORKERS COMPENSATION AND X I TORY LIMITS I IUER-I B EMPLOYERS' LIABILITY 83033141 01/01/06 01/01/07 $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1000000 If yes, describe under EL DISEASE - POLICY LIMIT $ 1000.000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CITY OF SUNNY ISLES BEACH IS LISTED ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ONLY. 30 DAYS CANCELLATION EXCEPT 10 DAYS FOR NONPAY CERTIFICATE HOLDER CANCELLATION CITY OF SUNNY ISLE BEACH 17070 COLLINS AVENUE STE-250 SUNY ISLE FL 33160 SUNN - -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Katie Jackson Presi ACORD 25 (2001108) @ ACORD CORPORATION 1988 ISlHIJEN AND 0 AlHI I CONSTRUCTION 1888 N.W. 22nd Street . Pompano Beach, FL 33069 (954) 975-0098 Fax: (954) 975-9718 Letter of Transmittal To: City of Sunny Isles Bch DATE: March 31, 2006 18070 Collins Ave. Sunny Isles Bch, FL REFERENCE: Contract for Storm Drain & 33160 Catch Basin Cleaning ATTN.: Priscilla Walker WE ARE SENDING YOU THE FOLLOWING ITEMS: Proposal: Plans: X Contract: Parts: Copy of Letter: Samples Change Order: Other: COPIES 3 DATE 3/31/06 THESE ARE TRANSMITTED AS CHECKED BELOW: For Approval As Requested X For your use Return with Corrections Approved as submitted F or Repair For Review and Comment For Estimate Remarks: SIGNED UPS 3/31/06 City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk March 27, 2006 Daniel DiMura, Vice President Shenandoah Construction, Inc. 1888 N.W. 22nd Street Pompano Beach, FL 33069 Re: Storm Drain and Catch Basin Cleaning Services Agreement Dear Mr. DiMura: At its regular meeting of March 16,2006, the City Commission adopted Resolution No. 2006-899, which approved a Storm Drain and Catch Basin Cleaning Services Agreement with Shenandoah Construction Company. Enclosed are the two (2) original agreements for witnessing and execution by Shenandoah Construction Company. Upon completion, please return both originals to my attention. We will then finalize processing of the agreements and return an executed, original agreement and a copy of the approving resolution to you. Thank you. Very truly yours, 3.u~LU~ Priscilla Walker Deputy City Clerk Enclosures cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jim Watts, Public Works Director (w/o attachments) Shaun Gelvez, Contracts Administrator (w/o attachments) Office a/the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Stormwater Drain Cleaning Agrmt W-Shenandoah For Sig Ltr TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk Memorandum The Honorable Mayor & City Commission James E. Watts, Directo~ Public Works Departmen~/ March 16, 2006 STORM DRAIN CLEANING RECOMMENDA TION: It is recommended that the City Commission approve an agreement with Shenandoah Construction Company of Pompano, Florida, for the cleaning and jetting of the City storm drains. REASON (S): Each year at the beginning of hurricane season we clean all debris from our lines to avoid flooding caused by backups during a storm. This will include the cleaning of 200 catch basins, jet 2,500 L.F. of outfalls and the disposal of six (6) trucks of debris. This agreement is in the amount of $24,475.50, with two one-year renewal options. OTHER INFORMATION: Other companies involved in the bidding process were Proline Vactor Services, Tri- County Plumbing Services, and Miami Industrial Service. Agenda Item ---l 0 ~ Date 3 - J to - O~