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HomeMy WebLinkAboutReso 2011-1670 RESOLUTION NO. 2011- 1&.(0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH UNITED IRON AND ALUMINUM CONTRACTORS FOR THE FABRICATION AND INSTALLATION OF AN ALUMINUM PICKET FENCE ALONG THE NORTHWEST CORNER OF COLLINS A VENUE AND SUNNY ISLES BOULEVARD (SR826), IN AN AMOUNT NOT TO EXCEED SIXTEEN THOUSAND NINE HUNDRED THIRTY-FIVE DOLLARS ($16,935.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach acquired an easement from the property owner of the Newport Parking Lot located at the northwest corner of Collins A venue and Sunny Isles Boulevard (State Road 826) as part of the City's streetscape project; and WHEREAS, the City wishes to install an aluminum picket fence along the sidewalk perimeter at the Newport Parking Lot; and WHEREAS, the City solicited quotes from three fence contractors and chose United Iron and Aluminum Contractors having the lowest quote for the services being requested; and WHEREAS, the City wishes to enter into an agreement with United Iron and Aluminum Contractors to provide fabrication and installation of an aluminum picket fence along the sidewalk perimeter at the Newport Parking Lot, in an amount not to exceed Sixteen Thousand Nine Hundred Thirty-Five Dollars ($16,935.00), 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 I. Approval of Agreement. The City Commission hereby approves the Agreement with United Iron and Aluminum Contractors to provide fabrication and installation of an aluminum picket fence along the sidewalk perimeter at the Newport Parking Lot, in an amount not to exceed Sixteen Thousand Nine Hundred Thirty-Five Dollars ($16,935.00), attached hereto as Exhibit "A". Section 2. Authorization of Mavor. The Mayor IS hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. R2011- United Iron And Aluminum Contractors Agmt Fence Pkg Lot Page I of2 PASSED AND ADOPTED this 20th day of January 2011. ATTEST: d~W~ Jane A. Hines, CMC, City Clerk Moved by: C.e> ~ S::.\4:()LL \/- ~ Seconded by: \j lu VY\~ I ~~~ oR- Vote: '5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl ~(Yes) 0Yes) ~(Y es) ---1L (Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R2011- United Iron And Aluminum Contractors Agmt Fence Pkg Lot Page 2 01'2 CITY OF SUNNY ISLES BEACH AGREEMENT WITH UNITED IRON AND ALUMINUM CONTRACTORS CONTRACT NO. CIOII-023 THIS CONTRACTUA,Jr AGREE ENT (hereinafter referred to as the "Agreement") is made in duplicate, this ~ day of f\-,.lu , 2011, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter refe ,ed to as "City"), and UNITED IRON AND ALUMINUM CONTRACTORS a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal J.D. # is RECIT ALS WHEREAS, the City of Sunny Isles Beach is in need of a Contractor to perform the fabrication and installation of an aluminum fence at the Newport parking lot located at Collins A venue and Sunny Isles Boulevard ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City desires to contract with Contractor to provide the Services, as more fully described in Attachment "A" which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Sixteen Thousand Nine Hundred Thirty-Five Dollars ($16,935.00) to provide said Services, attached hereto as Exhibit "A". NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualifIed representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. ClOII-023 United Iron & Aluminum Agreement Exhibit "A" . City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution date of this Agreement and shall end no later than 45 (forty-five) calendar days from the issuance of a notice to proceed from the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the execution date of this Agreement and shall continue in a diligent manner until the Services are complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 22 and 23 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 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 Attachment "A" 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. Availabilitv 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 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 ll)ake it a guarantor of payment or surety for any contract, debt, CIOII-023 United Iron & Aluminum Agreement . City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not complete within 45(forty-five) days from the issuance of a notice to proceed from City Manager or his Designee, and in the absence of any extended deadline granted by City, then the Contractor shall be required to pay a liquidated damage penalty of $300.00 (three hundred dollars) for each calendar day beyond the 45(forty-fIve) days completion period, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 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. 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. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: [J 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 ClOII-023 United Iron & Aluminum Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. D Worker's Compensation, as required by law, but with no less than $1,000,000.00 for Employer's Liability. D 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 ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident for property damage. 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(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 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-Contractor(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. a. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an CI0II-023 United Iron & Aluminum Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 (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. 11. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) 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. 10. WARRANTY OF CONSTRUCTION 10.1 The Contractor shall warrant that the Work conforms to the Agreement and is free of any patent and/or latent defect of the workmanship for a minimum period of one year from the date of Final Completion. This warranty shall be in addition to whatever rights the City may have under 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. 10.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials C I 0 11-023 United Iron & Aluminum Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax and equipment. This warranty IS not limited by any other prOVISIOns within the Contract Documents. 10.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required by Florida law. The Contract Documents may supersede the manufacturer's standard warranty. 11. CHANGE ORDERS 11.1 Changes in the quantity or character of Services or to the contract amount shall be authorized only by change orders approved in advance and issued in accordance with the provisions of this Agreement. 11.2 All changes to the Services or the construction schedule must be pre-approved in writing by the City Manager or his designee in accordance with the value of the change order or the calculated value of the time extension. All change orders must be pre-approved in writing by the City Manager or his designee. 11.3 In the event satisfactory adjustment cannot be reached for any item requiring a change in the contract amount, the City reserves the right at its sole option to either terminate the Agreement as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or may submit the matter in dispute as set forth in the dispute resolution procedures set forth in this agreement. 11.4 To adjust allowance amounts, Contractor shall base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place. If applicable, Contractor shall also include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. Contractor also agrees to the following conditions: · Include installation costs in purchase amount only where indicates as part of the allowance. · If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. · Submit substantiation of a change in scope of work, if any, claimed in change orders related to unit-cost allowances. · The City reserves the right to establish the quantity of work-in-place by independent quantity survey, measure, or count. ClOI 1-023 United Iron & Aluminum Agreement . City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor must submit claims for increased costs because of a change in scope or nature of the allowance described in the contract documents, whether for the purchase order amount or contractor's handling, labor, installation, overhead, and profit. Contractor shall submit claims within fourteen (14) days of receipt of the change order or construction change directive authorizing work to proceed. The City or its designee will reject claims submitted later than fourteen (14) days after such authorization. Contractor also agrees to the following conditions: · Do not include Contractor's or subcontractor's indirect expense in the change order cost unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the contract documents. · No change to Contractor's indirect expense is permitted for selection of higher or lower priced materials or systems of the same scope and nature as originally indicated. 11.5 On the City's approval of a proposal request, the City or its designee will issue a change order for signatures of the City and the contractor on AlA Document G701 or approved change order form prepared by the City. 12. DEFECTIVE WORK 12.1 The City or its designee shall have the authority to reject or disapprove Work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective Work and replace it with non-defective Work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 12.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City 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. 12.3 If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specifIc provision(s) of the Contract Documents, any of the Construction Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming Construction Work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with C1011-023 United Iron & Aluminum Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. 12.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 12.5 Where the City or its designee becomes aware of faults, defects or non-conformity in any of the Work provided under this Agreement or with the Work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non-conforming Work. 13. ARBITRATION. It is the intention of the parties 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. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party 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. 14. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of 10 (Ten) 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 from violating such prOVISIOns. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile 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: C 1 0 11-023 United Iron & Aluminum Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the City: Rick Conner With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: Ed A verbach United Iron & Aluminum Contractor 3274 N.W. 38 Street Miami, Florida 33142 Tel: (305)633-2120 16. GOVERNING LA W. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 17. 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. 18. 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 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. CIOll-023 United Iron & Aluminum Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 19. 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 Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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 the Services. 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. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachment hereto. 21. ENTIRE AGREEMENT. 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. 22. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, offIcials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 23. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. CIOI 1-023 United Iron & Aluminum Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 24. 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 party granting such waiver. [Remainder of page intentionally left blank.] C 1 0 11-023 United Iron & Aluminum Agreement 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 In duplicate on the day and year first written above. W2ESSES: / (I signab L <)KL UNITED IRON & ALUMINUM CONTRACTORS A I-cOlAYjLI'1 Print Name --- -::. -- -- ...,. ~ BY: ~- -~ Signature ~nd Title -- ;f/~ WITNESSES: Signature Print Name ATTEST: By:~A ~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY~#V\~ /\ ~ .pyp4. Hans Gttinot, City Attorney C I 0 I I -023 United Iron & Aluminum Agreement ~ UNITED "We set the standards". Iron & Aluminum Contractors Proposal/Contract ProposaV Contract Number: 7167 3274 N.W. 38 Street Miami, FL 33142 Ph. 305-633-2801 F. 305-633-2120 Proposal/ Contract Date: Dee 7, 2010 Page: 1 Customer: CITY OF SUNNY ISLES BEACH/PUBLIC WORKS MARC TULLOCH 18070 COLLINS AVENUE SUNNY ISLES, FL Customer ill Payment Terms Sales Rep 9466 ED A VERBACH Description - PROJEcr : NEWPORT PARKING LOT FENCE , COLLINS AVENUE & 167 STREET SUNNY ISLES BEACH, FLORIDA Amount - FOR THE FABRICATION AND INSTALLATION OF BLACK POWDER COATED OVEN BAKED ALUMINUM FENCE AS PER YOUR SPEC'S - MATERIALS TO BE USED ARE THE FOLLOWING: POSTS 3" X 3" X .093 TUBE 6' APART O.C. - PICKETS I" X I" TUBE - RAILS - 2" X I" X .093 RAILINGS - FOOTING - 10" DIA X 24" DEPTH, CONCRETE FILLED - PICKET - SPACING 4" BETWEEN EACH PICKET - FENCE HEIGHT - 5' - APPROXIMATELY 450' LINEAR FEET - COLOR BLACK - CAPS - PLASTIC DOME CAP TO FIT POST - ATTACHMENT: 2" X 2" ANGLE WITH (4) #10.5/8 SELF DRILL TEKS ATIACHING POSTS TO PANEL 16,935.00 - Acceptance of Contract: The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. This agreement is betwen UNITED IRON WORKS, INC., and the CUSTOMER whose name and address are first written above. I understand and agree to the terms and conditions of this agreement including those on the reverse side. UNITED IRON WORKS, INC: by CUSTOMER SIGNATURE: Subtotal Tax Included Total - 16".935.00 16,935.00 ATT ACHMENT "A" Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jorge L. Vera, Acting City Manager DATE: 1/20/20 II RE: Awarding offence contract to United Iron & Aluminum Contractor RECOMMENDATION: Staff recommends approval of the attached resolution to award a contract to United Iron & Aluminum Contractor. REASONS: The City obtained an 10 foot landscape easement from the owner of the property located at the northwest corner of Collins A venue and State Road 826. The easement is part of the Collins Avenue landscape beatification project. The City has already completed a part of the project by installing a new paver sidewalk along the property. The City solicited quotes from three fence contractors and chose United Iron & Aluminum Contractor for having the lowest quote for the services being requested. United Iron & Aluminum Contractor will provide and install an aluminum picket fence along the perimeter of the property for an amount not to exceed $16,935. A TT ACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ltemID=4l7 &MeetingID=O&MeetingDate... 1/13/20 II .... w W :J: CJ) > ...J ...J <( .... ell lJ c: ell U. "e III ~ ~ Q) o!l E '" c: "e '" <( III "> ell J: ~Q)O c: 0 l{) =>~~ C- O U III ell lJ c: iT. Cl o!l III "0 Cl "OCla c: 0 a Q) 'C I.{) xo.N W N :=:Q)O c: 0 a :J&~ N E '" "= E '" <( o!l c: ~ "0 ~ "c ::> "0 Cl "OCll{) c: 0 '" Q) 'C (J) xo.tO W ~ i1i E "~ III Z c: 0 "0 ~ c: ~ ~ <ii ~ G; J:l E '" z c: ~ .~ "!:! 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