Res No. 37-19 N(), l i 19
RESNAIIJON OF "111E CITY (ODLLRAY FLORIDA
Al'PROA 1'"s;G V/1.�Ili LANNYO f'ISI Csh;:1ILESS
1,l".(`I-1 C;tLX 1G11EC NNG S1.�L11-1 AND IPF, F`NGINF,v�RUN p &
C11;;^°`'"w;I',RA.1. CC,)N"F11,A A(,)R C'C;191 1r. l:'(]YR 1S`FOR,%1W',AJ"F,R LINING,
(;GI" " AND 1"RFN(,;111,1 SS 113 31 i(11,(KIES SER Id.IIS,
AL,"1 l lt~:,RING .11.11, ary W\NAGF,'R 1"0
GRIaO1 INN' WD 1AKE ,SIJ, AC11ONS Nll"",WSSA:1'Y 10
1,FIW`w:"I. ;AW "I HiS A(ARE F,,N11. NJ.'; P14"WI1 NG AN 1J,F'FX, [ 1V�E
W 11I` .I u: S,duce t: my of De4apr Bewh C11hy",1 is amdunked to enter 1:rat:o,agreements to pro—vide su�^.n r ice's,
programming and products l:n a accuarch.nce with as Charter; aril
'1:I1_RE,S, the: City requires stuuramxv to furan , (;t: °IA'uu.nd trencidess teclin oldwgie s s rx 1.c es; aaml
Wl_:1F"I U1 ,AS, t1ae:: t: by dedre^.s to enter lnatero agreemems rurltlu Iann.zo 'lien cidess ".1"etch n0ojoes, Inc. Ou:utlu
and G1a1. Iryrnpt,naae_e°.:rmlrng&c Gieman.esraal Contractor nrraactor (,oq-).; "arnel
"1II-,REA!" die ( atl (.ornnra:mrlssreaan deems approval of this Resserluudon'n to 1-e in the best: 1:rate°re^start the,
health, safety, and ru e:llaare of the re°sldruts a.rnel erntnm:ms of t w O , 4 Why Beach ac darnel the uu1)11( at Jorge,
1'W„ I°I_I1 01°,1'a(`tI: N�a, L.l' (11LR�
,a � .� 1NF^,I) BY D11? UTNY t I"sI I1 SS I(.D OF [111", (. FY, t.
lel U..:UN' l' l�„�� 1'�1, FLORIDA, AS 1a'('Il.l OW :
�,ea a:t,
�n�:ar1 1,. m.l.°fie° 1'earenplerone°rel noItals pan~e" her9"m"lal, affirmed and ratified, i
`ae rt` (ra_2, lie City, t° arxun.r°naasu,iam of tluea Otn� a:al De h-aav Beach has reviewed and 1ae;re^1:n)a approves t1le
Agreement between the Otl and I„uu m`I fe naaIdess TaAu:aurKanppuas, lanai.Nuntlu,whch us att;aa..1°ued m chi RCSOlu.atkaun
s l,ueIN.t "AV' and lie ,\gre^ement berween GPI; F.rnlprmwrl}.t;, Sr General Contractor Coq)., which is aafla"ae..hed
to the Resolution ass 1. n mn.1.'laut "B."'
iggigin.3. 1"I°re° (1, (_eaanmu.r�rsnwouslon "auutlne:rtims t.he (".It1 N1da.rnaaWr to e..ae:e::eate° rN AIpver.r�une"int: and "aq
darn°aer�nelme°nr.ts aarna:lAar mn.emis Clue°res.) darnel take damp u:rtlur:r aaeQksrs nne.eewa>san� to effectuate this Agreement,
na e t;ii�urn 4.:. .�I'li-is Re°solaadearmn shall Hume e•11he^e:vc im:rne.a.l.hate ly upon a aele:aprtuon'n.
... ...................... ..... .
.. ... ...........
11ASS111) AND MORYID in rcgdar schon on the j of 2019�
ATMST V",
st
.Appr F1 seas v) Om and legal suf6ciency
I V A n, Interim City Attorney
2
RES. NU 37 49
TER CONTRACTOR/SERVICES AGREEMENT
THIS is rriade by amid btwrn the City of UOUry Desch, a FUrud
murnu up U c rp or t:on (hereinafter referred to as "Dty") U-rouse address us 100 INN l s'
Avenue, U::& y Beach, FL 33444 and Lanzo TrericMess TechnoUogaes, Unc, South a Flodd
Corporation, (h r urn f`t r referred to as "Contractor"'), aUthodzed to do bus4iess in U ori d ,
whosp address u 125 E 5 wt D rrfu Ud Desch„ Um U,_ 33441, thus .. .
�nuq
.. .�. day of
r ...._, 20_.. .................
WHEREAS, the City desires to purchase stormwater fining, CCTV and tren Mess
technogies services; nd
WHEREAS, the City desires to procure these servUces from Contractor, uufuUu umng
u furng contract p6ces provided to the CRy of Ft" L uud rd U , pursuant to its Uu at fu mn UTB
073--11392, for stormwat r Uurnumng, CGTV and trencMess t hnOogu „ and
WHEREAS, in accordance with USB # 673-®11392„ the City of Ft. L ud rd U „ entered
4ito a two (2) year agreement wufh Contractor for services effective September 0, 2017
through September 5, 2019, with the option to renew for two (2) aftfionaU one (1) year
ped d q and
the City desires to uur h services from Contractor o n the same terms,
conditions, and pricing prov0 d under UTB # 673-11892, suk)ject to the terms mnd con6fioris
of flies Agreement, the City's U:::lu-urchass ng oir6nance, and Ronda U wro and
WHEREAS, the Contractor agirees to xte nd the tennis, condftions, and Ipruci ng of UT
073-11392 to the C4, subject to the teras and conditions of this Agreement.
NOW, THEREFORE,, umn consideration of the muufuU promises rnfu urn d herein mnd other
god and vaUuabUe consideration of which the parties hereto acknowUedge, the parties agree
as fUUwn
1 The above r c t Us are true and correct and are incorporated Ih r umn by
reference.
2 The Contractor sh IIU provide to the City roadway muUUumng and r g vurug services„
Urn accordance with and pursuant to the same terms, c mnduf o n , and p dcMg of IITB # 673-
11892 procured by the City of Ff. IL ud rd Ue.
3 This Agreement is urn fJ force and effect upon fu,uUU execution by the City for
not-to-exceed arriount of Four Hundred Rfty Thousand rld and 00/100 U oUU r ($450„000.00).
4 This gr meat sh Ull terminate omn September 5, 2019, urfless the City of Ft,
II,....auderdMe exercises its option to renew. Urn the even the C Ry of Ft. LauderdMe exercises its
tion to renew this gre m e nt sh UU autornaficaUy renew s w L
The City, at its sole discretion, reserves the right to terminate this Agreement
with or without cause urr m dWOy upon providing written notice to Contractor. Upon receipt
f such notice, the Contractor sh pll not incur any addifionap costs under the Agreement, The
City shall be liable only for reasonable costs incurred by Contractor prior to the date of the
notice f termination. The City shall be the sole judge of"reasonable cmasts,'
The Contactor certifies that the price and rate represents the lowest price and
rate for the products rnd services of any contract between the Contractor and any other
gov rrnrmn rnt p entity within the State of Florida.
The Contractor shall indemnify and hold harmthe pity and its officers,
employees, agents, and instirumentafifies from any and all liability, losses or damages,
including attorney's fees and casts of defense, which the City or its officers, employees,
agents, or instrumentalities may incur as a result It f cpaims, demands, suits„ causes of
actions, or proceedings f any kind or nature ri irng out of, relating t , gar resulting from the
performaince of the agreement by the Contractor or its employees, agents,, servants, partners,
p6 n ip p , or subcontractors. The Contractou shall pay all claims and posses in connection
therewith„ and shaH invesfigate and defend 111 laOi , suits, or actions of any kind or nature 0
the name f the City, where appficable, including appellate proceedings, and shall pay all
costs, judgments, and attorney's fees which may be incurred thereon, The Contractor
expressly understands and agrees that any insurance protection required by this Agreement
r otherwise provided by the Contractor shall 0 no way limit the responsibility t indemnify,
keep and save harmless, rnd defend the City or its officers„ ernployees, agents, and
instrurnentafifies as herein provided the obligations of this section shall survive the term of
this Agreement.
Whenever iitlh r Party desires to give notice to the other, such notice must be
in writing, sent by certified United States bail„ postage prepaid, return receipt requested, mar
sent by cornrnercial express carrier with acknowledgement of delivery, or by hand delivery
with a request for a written receipt of acknowledgment of delivery, addressed to the party for
whom it is intended at the place last specified. The place for giving notice shall remain the
senna as set forth herein until changed in writirng in the manner provided in this section. For
the present, the parties designate the following:
For ClTYo
City of Delray Beach
100 N.W. I st Av rnue
Delray Beach, Florida 33444
Attrn: City linger
For CONTRAGTOR
Lanzo Tr rn hl ss Technologies, In .- outh
t 5 SE 5tII Court
trfild Beach, FII_ 33441
ttrn: D'Allessandro Giuseppe
g Neither tlhi gr me nt nor any right or interest herein small be assigned,
transferred, or encumbered without the written consent of the other Party.
"U
This Agreement small be construedin accordance with the City of Il pr y
Beach's Code of Ordinances andthe paves of the State of Florida., Any dispute r lltirng to this
Agreement shall only Use tilled in a court of competent jurisdiction in PaIrrn Bea0i County,
p lorida, and each of the parties to this Agreement submits itself to the jurisdiction of such
court
,t,t 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
CITY OF DELRAY BEACH, IIN.W. 1 ST AVE., DELRAY
FLORIDA.BEACH THE CITY CLERK'S
EMAILPHONE AT 561-243-7050 OR VIA
01TYCLERIQ .........E)ELM.
......................E � � µ
. Contractor shaIlp comply with public records laws, specificallly to:
i.
Keep avid maintain pubfic records required by the City to p rforryn the
service.
ii. Upon request frown the City's custodian of public records, provide the City
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time t a cost that does not exceed the cost
provided in Florida t tuut r as otherwise provided by law.
iii. Ensure that puub iic records that are exempt or confideinfial and exempt trornn
pubfic records is p ur requirements are not discllosed except as
authorized by paver for the duration of the Agreement term and following
completion of the gr me nt it the rntr t r does not transfer the records
to the ut.y.
iv. Upon completion ofthe Agreement, transfer, at no const„ to the City aill puulbpi
records in possession of the rntr t r or keep and maintain puublli records
required by the City to perform tlh service. [f the rntr t r transfer's all
public records to the City upon c rrnp ll ti rn of the Agreement, the rntr ct r
sh H destroy any dupllicate puu llic records that are exempt or confidential
rein exempt from public records discposure requirements. If the Contractor
keeps and maintains public records upon c rnpl tion of the Agreement, the
Contractor shape meet app appllicablle requirements for retaining paubpi
records. All records stored ellectronicalIlly must be provided to the City„ upon
request trornn the City's custodian of publlic records, irn a furan t that i
compafiblle with the urnt rrrn tiorn technology sy t m of the City.
v. It the rntr for does not comply with this section, the City shall enforce the
contract provisions in accordance with the contract and may unilaterally
cancel this contract in accordance with state law.
12 Contractor is aware that the Inspector General of Palm Beach County Inas the
authority to investigate aand audit matters r l ti ng to the on g to to rn and performance rman of this
contract, and may demand gond obtain records and tesfimony from Contractor and its
subcontractors and lower tier subcontractors. Contractor understands aand agrees that in
ddiition to all other remedies and consequences provided by law„ the failure of Contractor or
its subcontractors and lower tier subcontractors to fully cooperate with the Inspector General
when requested rmn y be deemed by the City to be a material br ch of this Agreement
pug tutyyuung its termination.
13 The rntinution of this Agreement b y nd the Bund of any fiscal year shall b
subject to both the appropriation and the availability of funds in accordance with Florida law.
14 rhis contract and all transactions cornt rmapal t d by this gr rme nt shall b
governed by and construed and enforced in accordance with the laws of the State of Florida
iithout regard to any contrary conflicts of law principle. Venue f all proceedings in
connection h r ith small lie exclusively in I°:I Irrn Beach County, Florida, and each party
hereby waives h t v r its respective rilghts rmn y have beer) urn the Il tuoun of venue.
e.
15 It is hereby understood and agreed that In the event any lawsuit in the judicial
system, federal or states is brought to enforcecompliance with this contract or interpret same,
r of any administrative proceeding as brought for the same purposes, h party shall pay
their own attorney' tees and oasts, including papa ll t tees and casts.
'16 rhe documents listed below are a pert of this gr me nt and are hereby
incorporated by reference. In the vont of inconsistency between th documents, unless
otherwise provided herein, tune terms of the following d urme nts will govern in the following
carder of I{ardrne
. Terms and conditions as contarned in this Agreement.
b. Terms and Conditions of the City of Ft. Lauderdale ITB 673-11892.
C. Contractor's response on to ITB # 673-11892 and any subsequent information
submitted by Contractor during the v lug tion and negotiation process.
[Remainder of page intentionally e ft blank)
UN WITNESS WHEREOF, the C4 and the Contractor executed this Agreement as of
the may and year first above vw0tt n.
.. � r . .r µ� By: _
X
U^G���� ° J A I � °Uty ��'r`� ark 5
Approved to fo and U g U su fficU n y:
CON RACTOR
o ..__....._._____.
Pdownt Nm m twin Piw1owsid
T fltU 'oan � , ..,
a.....................................................
(SEAL)
STATE OF E"!o Wa
�,U N rY F......
.. 1 Ww w_wXww_.._.,"'?,........ .m._. .�..
1-he foreg61ng instrument wk n wll g before me this _..3.()Ib day of _j° , a r .....................
20 0 any ..� ..... _ .... ........w r.: m_ _ ._ i.:* ....,... (name of officer or agent„ title of
officer r agent), t .....#. ...r..... °. ..w_ . ___' .°. .. .... ......._. (nam of irg r to irn ck noW ging),
� p g ..... .(.State. o'r..,"y-knaw.11 c of iiirn a�rpor fion) orp r tiio n, on beha t apt thecou�pora on,
If tl 6 She
UUxa. me or Ihas produced .................__........................................._____________________ . (typeU'
Oe ntrtU toon) as i nfufu tfu n-.
WES.®� rA
t a �, .> 'f
"
(The remainder of Ws page Ot nfio a UUy Ue t Unk)
MASTER CONTRACTOR/SERVICES AGREEMENT
THIS AGREEMENT is made by and between the City of Delray each, a Florida
MUnicipal corporation (hereinafter referred to as "City"), whose address is 100 NW Isu
Avenue, Delray Beach, Fl 33444 and C Engineering & General Contractor Corp., a
Florida Corporation, (her6nafter referred to as "Contractor'), authorized to do business in
Florida, whose address is 4730 NW 128"1 Street Opa-Lo cka, FL 33054, this 12'Ki day of
20 k_q_-
WHEREAS, the City desires to purchase stormwater lining, CCTV and trenchiess
technologies services-, and
WHEREAS, the City desires to procure these services from Contractor-, utilizing
existing contract prices provided to the City of Ft,-- Lauderdale, pursuant to its solicitation ITB #
673-118928 for stormwater lir-wing, CC"T"V and trenchless technologie% and
WHEREAS, in accordance with ITB # 673-11892, the City of Ft. I.-auderdale, entered
into a two (2) year agreement with Contractor for, services effective September 6, 2017
through September 5, 2019, with the option to renew for two (2) additional one (1) year
periods,- and
WHEREAS, the City desires to purchase services from Contractor or) the same terms,
conditions, and pricirig provided under ITB # 673--11692® subject to the terms and conditions
of this Agreernent, the City's Purchasing ordinance, and Florida law,- and
WHEREAS, the Contractor agrees to extend the terms, conditions, and pricing of IT
# 673-11892 to the City, subject to the terry-is and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration of which the parties hereto acknowledge, the parties agree
as follows:
1 The above recitals are true and correct and are incorporated hereirl by
reference.
2 The Contractor shall provide to the City roadway milling and repaving services,
iin accordance with and pursuant to the same terms, conditions, and pricing of ITB # 673-
11892 procured by the City of Ft. Lauderdale.
3 This Agreement is in full force and effect upon ftfll execution by the City for an
annual not.-to.-exceed amount of Four Hundred Fifty Thousand and 00/100 Dollars
($450,000.00).
4 rhis Agreement shall terminate on September, 5, 2019, unless the City of Ft.
Lauderdale exercises its option to renew. In the even the City of Ft. Lauderdale exercises its
optiori to renew this Agreement shall autornatically renew as welL
5 The City, at its sole discretion, reserves the right to terminate this Agreement
with or without cause immediately upon providing written notice to Contractor. Upon receipt
of such notice, the Contractor shall riot incur any additional costs under the Agreement.. The
City shall be liable only for reasonable costs incurred by Contractor prior to the date of the
notice of termination.. The City shall be the sole judge of"reasonable costs."
6 The Contactor certifies that the price and rate represents the lowest price and
rate for the products and services of any contract between the Contractor and any other
governmental entity within the State of Florida.
7 The Contractor shall indemnify and hold harmless the City and its officers,
employees, agents, and instrumentalities from any and all liability, losses or damages,
including attorney's fees and costs of defense, which the City or its officers, employees,
agents, or instrumentalities may incur as a result of claims, demands, suits, causes of
actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the
performance of the agreement by the Contractor or its employees, agents, servants, partners,
principals, or subcontractors. The Contractor shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in
the name of the City, where applicable, including appellate proceedings, and shall pay all
costs, judgments, and attorney's fees which may be incurred thereon. The Contractor
expressly understands and agrees that any insurance protection required by this Agreement
or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify,
keep and save harmless, and defend the City or its officers, employees, agents, and
instrumentalities as herein provided the obligations of this section shall survive the term of
this Agreement.
8 Whenever either Party desires to give notice to the other, such notice must be
in writing, sent by certified United States ail® postage prepaid, return receipt requested, or
sent by commercial express carrier with acknowledgerrient of delivery, or by hand delivery
with a request fora written receipt of acknowledgment of delivery, addressed to the party for
whom it is intended at the place last specified. The place for giving notice shall remain the
same as set forth herein until changed in writing in the manner provided in this section. For
the present, the Parties designate the following:
For OTY:
City of Delray each
100 . 1 st Avenue
Delray Beach, Florida 33444
Attn: City Manager
For CONT RACTOR:
CFE Engineering &General Contractor Corp.
4730 NW 128th Street
Opa-Locka, FL 33054
Attn: Caridad Reye
Neither this Agreement nor any right or interest herein shall be assigned„
transferred, or encumbered without the written consent of the other Party,
10 This Agreement shall be construed in accordance with the City of Delray
Beach's Code of Ordinances and the laws of the State of Florida. Any dispute relating to this
Agreement shall only be filed in a court of competent jurisdiction in Palm Beach County,
Florida, and each of the parties to this Agreement submits itself to the jurisdiction of such
court,.
11 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER a FLORIDA STATUTES,
TO THECONTRACTOR'S
THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
CITY OF DELRAY BEACH, CITY CLERK, 100 ST AVE., DELRAY
BEACH FLORIDA. THE CITY CLERK'S
PHONE AT 561-243-7050 OR VIA EMAIL AT
C "1-Y ..L. K WiMY n, Y&EACH....... I
a.. Contractor shall comply with public records laws, specifically to:
i. Keep and maintain public records required y the City to perform the
service.
ii. Upon request from the City's custodian of public records, 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 in Florida Statute or as otherwise provided by law.
iii. Ensure that public records that are exempt or confidential and exempt froom
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Aqreement term and following
completion of the Agreement if the Contractor does not transfer the records
to the City,
iv. Upon completion of the Agreement, transfer, at no cost, to the City all public
records in possession of the Contractor or beep 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 Agreement, 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 Agreement, the
Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that its
compatible with the information technology ssterrns of the City,
V. If the Contractor does not comply with this section, the City shall enforce the
contract provisions in accordance with they contract and may unilaterally
cancel this contract in accordance with state lave.
12 Contractor is aware that the Inspector General of Pakn Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of this
contract, and may d w°nand and obtain records and testimony from Contractor and its
subcontractors and lower tier subcontractors. Contractor understands and agrees that in
addition to all other remedies and consequences provided by lave, the failure of Contractor or
its subcontractors and lower tier, subcontractors to fully cooperate ith the Inspector General
when requested may be deemed by the City to be a material breach of this Agreement
justifying its termination.
'1 The continuation of this Agreement beyond the end of any fiscal year shall be
subject to both the appropriation and the availability of funds in accordance with Florida law.,
14 This contract and all transactions contemplated by this agreement shall be
governed by and construed and enforced in accordance with the laws of the State of Florida
without regard to any contrary conflicts of law principle. Venue of all proceedings in
connection herewith shall lie exclusively in Palm Beach County, Florida, and each party
hereby waives whatever its respective rights may have been in the selection of venue.
15 It is hereby understood and agreed that in the event any lawsuit in the judicial
system, federal or state„ is brought to enforce compliance with this contract or interpret same,
or if any administrative proceeding is brought for the same purposes, each party shall pay
their own attorney's fees and costs, including appellate fees and costs.
16 The documents lusted below are a part of this Agreement and are hereby
incorporated by reference. In the event of inconsistency between the documents„ unless
otherwise provided herein, the terms of they following documents will govern in the following
order of precedence;
a. Terms and conditions as contained in this Agreement.
b. Terms and Conditions of the City of F t. Lauderdale ITB# 673-11692.
C. Contractor's response to ITB # 673-11892 and any subsequent inforn°nation
submitted by Contractor during the evaluation and negotiation process.
[Remainder of page intentiorually left blank]
IN WITNESS WHEIR11�:Z01::::, the Uty and the Contractor exe(',LJted this Agreernent, as of
the (Jay and year first above written.
AT'l ESF� MY U" DELRAY BEACVI
..........
.. .................... . ...................
L By.
Katerra Johr Derk Mark CE A7K, ana r
Approved aVeMia V sufficiency
:
pf �)rm an
.............. ........................
At
Lynn itorney
................
............
CONTF,�A'
y
.3
...........
re
AN-
.............. ....................... ............................
Tifle:
...................
(S A L)
STAT-E OF
couNTY OF t-,UVMA�
The �foregoiin ir 11 strumen as acknowledg' before�ne of:
20 by" as :`,� �,11 er or age t, fifle
(narne of officer or age
(name of corporation ackriowed( ng)
offic or a ent), of
e 0 'f incorpo n) corporation, on behaff of the corporafion.
........._N........... (stat p�ace
y (no d "ced
He / She �s p(--�rsoina�� wri to i i or has p'r .............................................. (type of
-f nfificafFo--n�""as" d,-'e"—i n t i i i c`.'�"a---6-o",in"...............
State of
A
FF 24",,)
MY cloy nrm 0 1 sSq) Not r Pt Mc — State
ExpMS 6124/20V:
(The rernainder of this p ge LenfiormU y Veit Uank)