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HomeMy WebLinkAboutReso 2019-3022 RESOLUTION NO. 2019 - -wZZ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 19-10-01 TO, AND ENTERING INTO AN AGREEMENT WITH, G. CONCRETE DEVELOPMENT, INC. FOR THE BELLA VISTA BAY PARK RECONSTRUCTION, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED TWO DOLLARS AND FIFTY CENTS ($366,602.50), 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 is in need of a contractor to reconstruct the Bella Vista Park dock ("Services") located at 500 Sunny Isles Boulevard; and WHEREAS, the City issued and advertised Request for Proposal ("RFP") No. 19-10-01 for the Reconstruction of the Bella Vista Park dock receiving two (2) responses, and it was determined that G. Concrete Development, Inc. ("G. Concrete") was the lowest responsible, responsive bidder; and WHEREAS, G. Concrete is qualified, willing, and able to provide the Services'as more particularly described in the terms and conditions of the Agreement; and WHEREAS, the City wishes to award RFP No. 19-10-01 to, and enter into an Agreement with, G. Concrete Development, Inc. to reconstruct the Bella Vista Park dock, in a total amount not to exceed Three Hundred Sixty-Six Thousand Six Hundred Two Dollars and Fifty Cents ($366,602.50), 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. Award of Request for Proposal No. 19-10-01 and Approval of Agreement. The City Commission hereby awards Request for Proposal No. 19-10-01 to, and enter into an Agreement with, G. Concrete Development, Inc. to reconstruct the Bella Vista Park dock, in a total amount not to exceed Three Hundred Sixty-Six Thousand Six Hundred Two Dollars and Fifty Cents ($366,602.50), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. 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 will become effective upon adoption. R2019 Awd Bid 19-10-01 and Enter into Agmt w G Concrete for Bella Vista Dock Reconstruct Page 1 of 2 PASSED AND ADOPTED this 19th day of D-•-mbe 2019. e, f George H. holl, Mayor `AT*011: ri Agit-" ,#4, au`ri.'o Beta _ iCMC, City Clerk 14. te4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Edward A. Dion, City Attorney Moved by: "Its 1/4i6(1, Sve (ni Seconded by: COMA Cstonie(L V1Ste1 - Vote: Mayor Scholl I (Yes) (No) Vice Mayor Svechin � (Yes) (No) Commissioner Goldman � (Yes) (No) Commissioner Lama � (Yes) (No) Commissioner Viscarra �—(Yes) (No) R2019 Awd Bid 19-10-01 and Enter into Agmt w G Concrete for Bella Vista Dock Reconstruct Page 2 of 2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH 1,,t•E lS4F1 AND G. CONCRETE DEVELOPMENT,INC. �' �_ CONTRACT NO. 2019-7291 IWO .' `''wo',t• THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in LO' ' G/SUS �� duplicate, this J day of ' , e ir, 2019, by and between the CITY OF SUNNY ISLES BEACH, Flo ida, (hereinafter referred to as "City"), and G. CONCRETE DEVELOPMENT, INC., a Florida for-profit corporation (hereinafter referred to as "Contractor"), whose Federal I.D. # is 46-0712486. RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a contractor to reconstruct the Bella Vista Park dock located at 500 Sunny Isles'Boulevard in the City ("Services"); and WHEREAS, the City issued a Request for Proposals, RFP 19-10-01, which was titled "Bella Vista Park Dock Reconstruction;" and WHEREAS, upon evaluation, Contractor was determined to have submitted the proposal which best serves the interest of and represents the best value to the City; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the Services to the City for a total amount not to exceed Three Hundred Sixty-Six Thousand Six Hundred Two and 50/100 Dollars ($366,602.50), as further detailed below. 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. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of RFP 19-10-01, and Contractor's Proposal (hereinafter referred to as "Contract Documents"), both of which are attached hereto as Exhibit "A", together with the Scrutinized Companies Certification, which is attached hereto as Exhibit "B" and both of which are incorporated herein by reference. 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in RFP 19-10-01 and Contractor's Proposal to the City (hereinafter referred to as "Services"), both of which are attached hereto as Exhibit "A". Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. 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. 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 2019-7291 G.Concrete Development,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. The term of this Agreement shall begin upon the execution of the Agreement by all parties. The Substantial Completion of the Project shall occur no later than sixty (60) calendar days from the date of issuance of all permits, and Final Completion shall occur no later than ninety (90) calendar days from date of issuance of all permits, subject to the City's ability to terminate in accordance with Section 10 of this Agreement. The terms of Section 17 entitled "Indemnification and Waiver of Liability", Section 20 entitled "Warranty of Construction", and Section 21 entitled "Defective Work" shall survive termination of this Agreement. 5. COMPENSATION. The Contractor agrees to provide the desired Services to the City, including materials and installation, in the total amount of Three Hundred Thirty-Three Thousand Two Hundred Seventy-Five Dollars ($333,275.00). Additionally, the City Manager, in his sole discretion, may approve contingency expenses in an amount not to exceed Thirty-Three Thousand Three Hundred Twenty-Seven and 50/100 Dollars ($33,327.50). Each invoice or payment application must be accompanied by all supporting documentation and other information reasonably requested by the City, including, but not limited to a Partial Release of Lien or Final Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida Statutes. Reference herein to Chapter 713, Florida Statutes is for convenience, and shall not be construed as a waiver of sovereign immunity or authority for imposition of liens against public property. Each progress payment shall be reduced by 10% retainage. Subject to other requirements of the Contract Documents, retainage shall be released after final completion of the Work and City's receipt of acceptable reports and other documentation including certification of payment to subcontractors, if any, and a Final Release of Lien in the form set forth in Section 713.20, Florida Statutes. A final payment invoice or application must be accompanied by written notice from Contractor that the entire Work is completed. The City's engineer of record will make a final inspection and notify Contractor in writing with a punch list of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete the punch list and remedy deficiencies. Contractor's obligation to perform and complete the Work in strict accordance with the Contract Documents shall be absolute. The City may refuse payment if (a) the Work is defective or completed Work has been damaged requiring correction or replacement, (b) the City has been required to correct defective Work or complete Work in accordance with the Contract Documents, or (c) because claims have been made against the City on account of Contractor's performance or furnishing of the Work or liens or claims have been filed or asserted in connection with the Work or there are other items entitling the City to a set-off against the amount due. No payment will be made for Work performed by the Contractor to replace defective work; for work which is not shown or ordered in the Contract Documents; or additional work performed by Contractor without prior written approval of City. Invoices shall be supported with detailed information and mailed to: City of Sunny Isles Beach 18070 Collins Ave, 4th Floor 2019-7291 G. Concrete Development,Inc. 2 • City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Sunny Isles Beach, FL 33106 AccountsPayable@sibfl.net 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. LIQUIDATED DAMAGES. Failure to complete the Services in accordance with the specifications and to the satisfaction of the City within the time stated for substantial and/or final completion shall cause the Contractor to be subject to charges for liquidated damages for each and every calendar day the Services remain incomplete beyond these deadlines. The liquidated damages amount is five hundred dollars ($500.00) for each calendar day. As compensation due to the City for loss of use and for additional costs incurred by the City due to non-completion of the work in a timely manner, the City shall have the right to deduct the said liquidated damages from any amount due, or that may become due to the Contractor under this Agreement, or to invoice the Contractor for such damages if the costs incurred exceed the amount due to the Contractor. 7. 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. 8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 9. 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 2019-7291 G.Concrete Development,Inc. 3 I I City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: ❑ 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 ($1,000,000)per occurrence. ❑ Worker's Compensation, as required by the State of Florida Employer's Liability. ❑ Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000)per accident for property damage. 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. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub-contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 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 2019-7291 G.Concrete Development,Inc. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 (and sub-Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold 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 immediately terminate the Services then remaining to be performed at any time by giving 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. D. Termination for failure to adhere to the Public Records Law. Failure of the Contractor to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 18 below, may result in immediate termination of this agreement. 11. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement, 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 2019-7291 G.Concrete Development,Inc. 5 City of Sunny Isles Beach 18070 Collins.Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 12. 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. 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 City Attorney Office City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue . 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida Tel: (305) 792-1701 33160 Tel: (305) 792-1767 If to the Contractor: Ramiro Garcia, Owner& President G. Concrete Development, Inc. 4670 SW 25 Avenue Fort Lauderdale,FL 33312 Tel (561) 502-5838 14. 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. 15. . 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 2019-7291 G.Concrete Development, Inc. 6 • City of Sunny Isles Beach 18070 Collins'Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, maritaUfamilial 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. 16. 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 could 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. 17. 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 herein. 18. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of 2019-7291 G.Concrete Development,Inc. 7 City of Sunny Isles Beach 18070 Collins Avenue,'Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax 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 Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 19. 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 beinspected 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 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 2019-7291 G. Concrete Development,Inc. 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 20. WARRANTY OF CONSTRUCTION 20.1 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 proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 20.2 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. Manufacturer materials shall be warranted for a minimum period of ten (10) years from the date Services are complete. This warranty is not limited by any other provisions within this Agreement. 20.3 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. 21. DEFECTIVE WORK 21.1 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. 2019-7291 G.Concrete Development,Inc. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 21.2 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. 21.3 If, within one (1) year after the date of completion of labor or within ten (10) years for materials 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. 21.4 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. 21.5 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. 22. 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. 2019-7291 G. Concrete Development,Inc. 10 City of Sunny kles;Beach18070 Collins Avenue,.Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax D. Each individual executing this Agreement on behalf of 'a party hereto hereby represents and warrants that he or she is, on the :date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind theirrespective party to this Agreement E. This Agreement contains the entire agreement of the parties,and may be'amended, waived, changed, modified, extended or rescindd only by in writing signed by the party against whom any such amendment,waiver,change,modification,extension and/or rescission is sought F. If there is a conflict or inconsistency between any term,statement,requirement,or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and,be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment,including but not limited to Attachments"A"and`B". IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: G.CONCRETE DEVELOPMENT,INC. BY Signature Ramiro Garcia, 'dent Fa/n/ !p Print Name ATTEST: CITY OF:S :LES BEACH •BY: 1 " BY: Mauri 'o Betan ur,CMC,City Clerk George H chon,Mayor APPRO i AS TO FORM AND LEGAL SUFFICIENCY BY: BY: " d . Department Head Edward A.Dion,City Attorney 20.19-729.1 G.Concrete Development,Inc. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment"A" RFP 19-10-01 and Proposal from Contractor 2019-7291 G.Concrete Development,Inc. 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment"B" Scrutinized Contractors Certification 2019-7291 G. Concrete Development,Inc. 13 �S•)w! 'stf. City of Sunny Isles Beach OA �~% --e:'-!-4:1‘..9 18070 Collins Avenue .i,0:'':, = Beach Florida 33160 T, _ Sunny Isles °r Y 6-.Q .T ,Y 305)947-0606 City Hall � �� FIOt� a ( {.'''*QF s�K►'°k° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Richard Labinsky, P.E., City Engineer DATE: 12/19/2019 Resolution Approving Agreement with G. Concrete RE: Development, Inc. to Reconstruct the Bella Vista Park Dock 0 RECOMMENDATION: .. Staff is recommending the City Commission approve the attached Resolution. REASONS: The City of Sunny Isles Beach is in need of a contractor to reconstruct the Bella Vista Park Dock. The City issued a Request for Proposal, RFP #19-10-01, upon evaluation, contractor G. Concrete Development, Inc., was determined to have submitted the proposal which best serves the interest of and represents the best value for the City. Staff is recommending the City enter into an agreement with Contractor to provide Services to the City for a total amount not to exceed $366,602.50. r , The cost of this contract is eligible for up to 95% reimbursement through FEMA and State funds. FUNDING SOURCE: OFunds have been appropriated in account no. 300-6-5720-465000- 168