Loading...
HomeMy WebLinkAboutReso 2018-2878 RESOLUTION NO. 2018 - Z5S 18 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO AN AGREEMENT WITH TEAM CONTRACTING, INC. FOR SIDEWALK REPAIRS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-NINE THOUSAND FIVE HUNDRED DOLLARS ($199,500.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City needed a Contractor to repair sidewalks throughout the City; and WHEREAS, the City of Fort Lauderdale issued and awarded Invitation to Bid No. 263- 11642 to, and entered into an agreement with, Team Contracting, Inc. to provide sidewalk repairs; and WHEREAS, pursuant to the City's procurement code provisions, purchase made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, on May 7th, 2018 the City Manager executed an agreement with Team Contracting, Inc. to provide sidewalk repair services in an amount not to exceed $49,500.00; and WHEREAS, the City Manager has determined that additional repairs not included in the original agreement are needed; and WHEREAS, Team Contracting, Inc. is willing and able to continue providing sidewalk repair services to the City; and WHEREAS,the City Commission wishes to approve a First Amendment to the Agreement with Team Contracting,Inc. for sidewalk repairs services, in an amount not to exceed One Hundred Ninety-Nine Thousand Five Hundred Dollars ($199,500.00), bringing the total contract amount not to exceed Two Hundred Forty-Nine Thousand Dollars ($249,000.00), attached hereto as Exhibit "A". • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Approval of First Amendment. The City Commission hereby approves the First Amendment to the Agreement with Team Contracting, Inc. for sidewalk repairs services, in an amount not to exceed One Hundred Ninety-Nine Thousand Five Hundred Dollars ($199,500.00), bringing the total contract amount not to exceed Two Hundred Forty-Nine Thousand Dollars ($249,000.00), attached hereto as Exhibit "A". R2018 First Amend w Team Contracting for Sidewalk Repairs Page Iof 2 Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the First Amendment to the Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED this 18th day . ' • ,.ber, 2018. George H. S oll, Mayor ATT�Ik T1 � �1'i1i '''i ikmAi Mauri' o Betanc 'r, CMC, City Clerk APPROVED • S TO FORM AND ' A ..U p FICIENCY: I ' iLk Hans gr et', City Attorney Moved by: COM M/tS t ONIt:C- 10-4011 Seconded by: U1ex 0114.-16g_ Colzoo, Vote: Mayor Scholl l/ (Yes) (No) Vice Mayor Goldman ✓ (Yes) (No) Commissioner Aelion I, (Yes) (No) Commissioner Gatto ✓i (Yes) (No) Commissioner Svechin I (Yes) (No) R2018 First Amend w Team Contracting for Sidewalk Repairs Page 2 of 2 ,,NN■IJ�r FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND TEAM CONTRACTING INC. ''— CONTRACT NO.6780-160 - • `Crlr Yr lUN r'.�o, ThisFirst Arriendment to the Agreement between the CITY OF SUNNY ISLE EACH "City").nnand TEAM CONTRACTING INC., (-."Contractor") executed :this Iday 4of tom] ,2018, is made a part of the original Agreement("Agreement")dated May 7,2018, Contract No-. 6.780-081, between the City and Contractor,.attached hereto as Attachment "A" and whose Federal Identification#is 65-1002254. The:City and Contractor hereby agree as.follows: 1. ADDITIONAL:SERVICES. The City hereby wishes to amend Section 3 of the original Agreement("Services") to include sidewalk replaceinent,and enlargement.on the west side of North Bay Road spanning from 17151 Street to 163rd Street("Additional Services"), as more particularly described in_Qttachirent"B",Which is attached heretoandincorporated hereinby reference. 2. ADDITIONAL COMPENSATION.Section:5 Of the original Agreement betweeh the parties • is hereby amended to include additional compensation for the Additional Services in an amount notto exceed Forty Eight Thousand Five Hundred Seventy Nine Dollars ($48,579.00), in addition to a • contingency arriount.for future services not to exceed Fifty One Thousand Nine Hundred Twenty One Dollars ($51,921.00), bringing the total additional compensation to One Hundred`Thousand,Five Hundred Dollars ($100,500.00), and thus bringing the total contract amount not to exceed One Hundred-Fifty Thousand Dollars($150,000.01)). • 3. ADDITIONAL CONTRACT PROVISION. Section 217.4725,Florida Statutes, provides that contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List:off thatis engaged in the boycott of Israel is prohibited. Contractors must certify thatthe 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 entity submitted false documents of certification,is listed on the Scrutinized'Companies with Activities in Sudan List, _ -the Scrutinized Companies with Activities in the;Iran Petroleum Energy'Sector• List, 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 Companiesthat Boycott Israel List_or engaged'in the,boycottof Isfael, Contractors must submit the certification that is attached to this agreement;as Attachment"C Submitting a false certification shall be deemed a materialbreach 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 torespond 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 ciyil remedies:pursuant_to Section 21'5.4725,.Florida Statutes. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein;all terms and conditions of the original Agreement between the parties,dated May 7,2018,attachedhereto as Attachment"A", and-all Amendments thereto,,shall remain in:full force and•effect. • 5. CONFLICTING PROVISIONS. The terms,.statements, requirements; and provisions contained in this First Amendment shall prevail and be:given superior effectand pori p ty over any conflicting or inconsistent•term,statement, requirement orprovision contained in any other document or attachment;including but not limited to.Attachments"A"and"B", • 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement between the City and Contractor as of the date mentioned above. I WITNESS: TEAM CONTRACTING INC. Signature BY: Daniel A. Gell,Vice President U(Augh NIA nco Print Name ATTEgT: ' ' k-'. CITY OF S F.. LES BEACH 1 . , :•• i - ' • 0 1 1-1. i it \ 1111 . w- . , dirildIR 4 BY: -ft•leiki _A BY: l . • • , Mann= :e .ncu‘ CMC, City Clerk George H Scholl,Mayor rm. '• f•I' t t-sT° ' APPROVED AS TO FORM Al) LEGAL SUFFICIENCY /I ifiji i i aliPA BY: BY: MINIM 1 Department Head -:;l: 0 rot-,City 1.;ttorney . ! i - 1 ' 1 i i 2 1 1 1 S`,µNT jE • ' AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH V l• ^ -- z lJV AND TEAM CONTRACTING INC. CONTRACT NO. 6780-081 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is . made in.duplicate, this 712 day of NH , 2018, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafterreferred to as "City"), and TEAM CONTRACTING INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal 1.D. # is 65-1002254. RECITAL S. WHEREAS, the City of Sunny Isles Beach is in need of Contractor to repair concrete sidewalks throughout the City ("Services"); and WHEREAS,Contractor is a.certified and insured company with the necessary experience to provide the desired Services; and .WHEREAS, the City of Fort Lauderdale, issued ITB 263-11642 Project No. 12134 and awarded a contract to Contractor for the period March 1, 2016 and expiring March 1, 2020, to provide such services; and WHEREAS,the City desires to enter into an agreement with Contractor,using the City of Fort Lauderdale bid information and contract prices, to provide the Services described in Attachment "A", attached hereto and made part hereof, subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for a total amount not to exceed Forty Nine Thousand Five Hundred Dollars ($49,500.00). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: TERMS • 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the City of Fort Lauderdale, ITB 263-11642 Project No. 12134, and the contract between the Contractor and City of Fort Lauderdale which is specifically incorporated herein and made a part hereof as Attachment"A"(hereinafter referred to as"Contract Documents"). ATTACHMENT "A" • 6780-081 TEAM CONTRACTING INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the City of Fort Lauderdale, ITB 263-11642 Project No. 12134, and the contract between Contractor and City of Fort Lauderdale, as more particularly described in Attachment"A" (hereinafter referred to as "Services"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and-pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to theprovisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon contract execution and shall end no later than March 1, 2020. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the date of this agreement and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and `Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in an amount not to exceed Forty-Nine Thousand Five Hundred Dollars ($49,500.00). Payment to Contractor for ail charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected under the following conditions. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Attachment "A", under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. 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. The City will pay properly submitted Contractor invoices within 30(thirty)days of receipt,for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. 6780-081 TEAM CONTRACTING INC. 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. • d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. 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: 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 property damage liability with minimum limits of One Million Dollars(S l,000,000.00)combined single limit per occurrence. 6780-081 TEAM CONTRACTING INC. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax o Worker's Compensation, as required by state law. 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 ($1,000,000.00) combined single limit per occurrence for bodily injury and 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 insurancepolicy 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. WARRANTY OF SERVICES. 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which is found to be defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. This warranty shall not extend to any damage caused by Acts of God or damage caused by third party contractors. For the purpose of this section, Acts of God means hurricanes,tropical storms, tornadoes, fire, flood, earthquakes,tsunami, hail or natural catastrophe. 8.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 6780-081 TEAM CONTRACTING INC. 4 Citi;of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax • - 8.3 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 under state or federal law. -9. DEFECTIVE WORK. 9.1 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. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make • any necessary repairs in accordance with the requirements of 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. 9.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor,after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified • by the City without cost to the City.Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. • 9.4 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. 9.5 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. 6780-081 TEAM CONTRACTING INC. • 5 • City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. 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 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. (i.) 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. (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 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. 11. 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 from violating such provisions. 12. 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 6780-081 TEAM CONTRACTING INC. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, - Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or . other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the • City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 13. 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: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny isles Beach, Florida 33160 Tel: (305) 792-1766 If to the Rodolfo L. Ayan Contractor: Vice President Team Contracting inc. 13911 SW 42"d Street, Suite #209 Miami, Fl 33175 Tel: (305) 207-9799 Fax: (305) 207-9790 E-mail: rayan@team-contracting.com 14. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) 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. (iii.) 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 6780-081 TEAM CONTRACTING INC. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) 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, 4th Floor, Sunny Isles Beach, Florida 33160. 15. 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. 16. 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; maritaUfamiliai 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 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. 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-1 1.1, as amended; and by the City of Sunny Isles Beach-Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly 6780-081 TEAM CONTRACTING INC. 8 City of Sunny Isles.Beach 18070 Collins Avenue; Sunny Isles Beach; Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law; the Contractor agrees to indemnify and hold-harmless.the City, its agents, representatives; officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part; by the professional negligence; error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter 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 intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or - directly related to the subject matter of this Agreement including; without limitation, any and all claims; losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim;cause of action or demand; Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject 'to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. 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. 20. 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 Attachment "A". 21. 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 6780-08I TEAM CONTRACTING INC. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach; Florida 33160 (305) 947-0606 phone (305)949-3113 Fax be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. - • B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with • respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. • - D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of thi's Agreement shall be valid or enforceable unless such waiveris in writing and signed by the party granting such waiver. [Remainder of page intentionally left blank.] • • • • • • • • 6780-08I TEAM CONTRACTING INC. 10 City of Sunny Isles Bench 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 triplicate on the day and year first written above. • • WITNESS: TEAM CONTRACTING INC. Rodolfo:L.A a ice PresidentSignature Y ` F * RoIOg L. 4,ict4 Yrce Paliden4 Print Name Print name and title If corp.rep. • • ATTEST• ; • CITY OF SUNNY ISLES BEACH /�_ • _ . BY: • — 7 . j auri&o:_:,etan\lr, CMC City Clerk Christopher .Russo,City-Manager APPROVED AS TO FORM AND LEGAL FFICIENCY BY: BY- ®/•LS'4 5/OVA Department heads Ottinot,City/Att�ey • 67S0-08 I TEAM CONTRACTING INC. I I • TEAM_ CONTRACTING (PROPOSAL 13911 SW 42nd Street, Suite 209 Proposal #452 Miami, FL 33175 DATE: September 13, 2018 Phone 305-207-9799 Fax 305-207-9790 To: For: Mr. Fabricio Volpi Sidewalk Replacement and Enlargement on the City of Sunny Isles West Side of N. Bay Rd. from 17151 Street to 163rd 18070 Collins Ave. Street Sunny Isles Beach, FL 33160 P: 305-792-1711 E: fvolpi@sibfl.net DESCRIPTION AMOUNT We propose to furnish all labor, equipment and materials to install the following as per site visit held on September 11,2018: • Mobilization $ 400.00 1 ea. x $400.00 per mobilization • Concrete Sidewalk—6 inches 36,025.00 6,550 s/f x $5.50 per s/f • Water Meter Box 800.00 8 ea. x $100.00 per box • Limerock—4 inches 9,800.00 700 s/y x $14.00 per s/y • Sod - Floratam 1,554.00 111 s/y x $14.00 per s/y TOTAL FINAL MEASUREMENTS AND COUNTS TO BE DETERMINED ON FIELD $48,579.00 UPON COMPLETION OF THE JOB 1.THE PRICES MAY BE SUBJECT TO CHANGE IF THE PROPOSAL IS NOT ACCEPTED WITHIN 30 DAYS. 2.50%PAYMENT IS TO BE MADE UPON PROPOSAL ACCEPTANCE AND THE REMAINDER PAYABLE UPON COMPLETION OF JOB. 3.ESTIMATE DOES NOT INCLUDE ANY SPECIAL PROVISIONS TO CONTRACT. 4.THE PURCHASER AGREES TO PAY ALL COST OF COLLECTIONS INCUDING ATTORNEY'S FEES AND COURT COSTS. IF THE ABOVE PRICES,SPECIFICATIONS,AND CONDITIONS ARE HEREBY ACCEPTED,TEAM CONTRACTING,INC.IS AUTHORIZED TO DO THE WORK AS SPECIFIED.PAYMENT WILL BE MADE AS OUTLINED ABOVE.A MONTHLY SERVICE CHARGE OF 1.5%WILL BE ADDED IF JOB IS NOT PAID IN FULL WITHIN 30 DAYS OF START DATE ACCEPTED BY: SIGNATURE: TITLE: — DATE: ATTACHMENT "B" 9111 %116:7P: CONTRACTOR ANTI-BOYCOT''CERTIFICATION [PURSUANT TO FLORIDA STATUTE§91.34723] I, 1),\►,;4\ G.t ,on behalf of ` 6com CoALG,A Z"; Print Name Company Name r 1 certifies thattemr, V"c.t.I1_H - does aot, Compa6 Name I. Participate in a boycott of Israel;and • 2". Is not on the Scrutinized Companies that Boyootilsrael list;and • 3. Is not on the Scrutinized Companies with Activiliies in Siidan List;and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;and S. Has not engaged in business operations in Cuba or Syria, Signature \ I iVv1k1A • U Title \O \ok Date A1TACHMENT