HomeMy WebLinkAboutReso 2021-3243RESOLUTION NO. 2021- i�3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RATIFYING A FIRST AMENDMENT TO THE AGREEMENT WITH G.
CONCRETE DEVELOPMENT, INC. FOR THE BELLA VISTA BAY PARK
RECONSTRUCTION, IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND FOUR
HUNDRED NINE DOLLARS AND SIXTY CENTS ($90,409.60), ATTACHED HERETO
AS EXHIBIT "A"; 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 ("City") issued and advertised Request for
Proposal ("RFP") No. 19-10-01 for the Reconstruction of the Bella Vista Park dock ("Services"),
for which two (2) responses were received, and it was determined that G. Concrete
Development, Inc. ("Contractor") was the lowest responsible, responsive bidder whose bid best
served the interests of and represents the best value to the City; and
WHEREAS, on December 19th, 2019, via Resolution No. 2019-3022, the City Commission
awarded the RFP to, and entered into an Agreement with, the Contractor to perform the
Services; and
WHEREAS, the City Manager determined that mangrove removal ("Additional Services")
was necessary to achieve project completion; and
WHEREAS, on July 31St, 2021, the City Manager exercised his authority and executed a
First Amendment to the Agreement with the Contractor to perform the Additional Services, and
provide for additional compensation to complete the same; and
WHEREAS, the City wishes to ratify the First Amendment to the Agreement with G.
Concrete Development, Inc. for mangrove removal, in a total amount not to exceed Ninety
Thousand Four Hundred Nine Dollars and Sixty Cents ($90,409.60), bringing the total contract
amount not to exceed Four Hundred Fifty -Seven Thousand Twelve Dollars and Ten Cents
($457,012.10) 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. Ratification of First Amendment. The City Commission hereby ratifies the First
Amendment to the Agreement with G. Concrete Development, Inc. for mangrove removal, in a
total amount not to exceed Ninety Thousand Four Hundred Nine Dollars and Sixty Cents
($90,409.60), bringing the total contract amount not to exceed Four Hundred Fifty -Seven
Thousand Twelve Dollars and Ten Cents ($457,012.10) attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
@BCL@F40EA5F1.doc Page 1 of 2
PASSED AND ADOPTED this 10
l
ATT, ST• `
r11..
Maurlicid Betahcur, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGA FFICIENCY:
r Edward A. Dion, City Attorney
Moved by: i�/�$5/GI�f� /SGS%, Seconded by: umew/SS/O/� , 4fHk
Vote:
Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
(Yes)
(No)
—74 (Yes)
(No)
l(es)
(No)
,/ (Yes)
(No)
@BCL@F40EA5Fl.doc Page 2 of 2
SUNNY ISFS
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
y�. FLO/sP
rY or sUN NG. CONCRETE DEVELOPMENT, INC.
CONTRACT NO. 2019-7291
This First Amendtent to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and G. CONCRETE DEVELOPMENT, INC. ("Contractor") executed this 1 5day of
July 2021, is made a part of the original Agreement dated December 24, 2019, attached hereto as
Attachment "A" and incorporated herein by reference, between the City and the Contractor, whose
Federal Identification # is 46-0712486. The City and Contractor hereby agree as follows:
1. ADDITIONAL SERVICES. Pursuant to Section 22 of the Agreement, the Parties
hereby wish to amend Section 3 of the Agreement ("Services") to include mangrove removal as
more particularly described in Contractor's proposal attached hereto as Exhibit "A", which is
incorporated herein by reference ("Additional Services").
2. ADDITIONAL COMPENSATION. Payment to Contractor is hereby amended to
include additional compensation in the amount of Ninety Thousand Four Hundred Nine Dollars
and Sixty Cents ($90,409.60) for the Additional Services.
3. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public
employer may not enter into a contract unless each party to the contract registers with and uses
the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a
contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien.
In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required
affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -
Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify
website (https://www.e-verify.gov/eMployers/enrolling-in-e-verify) and follow the instructions.
The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify
Affidavit, attached hereto as Attachment "B".
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement any amendments thereto, shall remain in full force
and effect.
6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contdined in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A" and "B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
G. Concrete — Amendment 1
Page 1 of 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WI'T'NESS
Signatfure U
Print Nathe
I1
BY: ASC
Department Head
M
G. Concrete — First Amendment
G. CONCRE'T'E DEVELOPMEN'T', INC.
BY:
Ramiro Garcia, Pre ident
CI'T'Y OF SUNNY ISLES BEACH
BY: IL.�' rtZcc
Christop r J. RudC, City Manager
APPROVED AS TO (FORM AND
LEGAL SUFFICIENCY
0
Edward A. Dion, City Attorney
Page 2 of 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Original Agreement
G. Concrete — First Amendment
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND G. CONCRETE DEVELOPMENT, INC.
CONTRACT NO. 2019-7291
;•''•�.1 OO'46 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in
duplicate, this day. of , 2019, by and between the CITY OF
SUNNY ISLES BEACH,1F oEda, (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.
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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.
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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.
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City of Sunny Isles Beach 18070 Collins. Avenue, Sunny Isles Beach, Florida 33160
(306) 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.
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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, maritallfamilial 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 sand 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
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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 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 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 t6 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. MISCELLANEOtJS.
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
IV'
Q ofSgnny.h%es-,Bed.ck' 18070 Collins Avenue,.Suriny Isles Be4adhi Florida 33160
City
(305)947-0606phone (305)949-3W Fax
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and wan -ants that he or she is, on the date he or -she signs this Agreement, duly
authorized by all necessary and appropr4atp action to -execute. this Agreement pyk bofWf of such
party and does so with full legal authority to bind their.respective party to this Agreement
E. This Agreement contains the entire agreement of the parties; and may be -amended,
waived, changed, modifi d, extended rescihd6d o writing the 'arty against
.9.. . - . rescinded_ .. _ -poly by in v - g signed by p
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
F. Ifthere is a conflidt or inconsistency between any term, statement, requij
rement
,.or
provision of any exhibit attached hereto, any :document or events referred to herein, or .any
document incorporated into this Agreement the -term, statement, requirergent, or provision
contained
contained in this Agrftinent shall prevail and ,be giVed superior effect and priority over any
conflicting or inconsistent term, "statement,
requirement or provision contained in any 6tjf9r
document or attachment including but.not limited to Attachments "A7 and 'Tr.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year.first written above.
WITNEM: G. -CONCREM DEVELOPMENT, INC.
Z.Lfo "qI_1_z_
Signature V
ptid N.W71b 11
ATTEST:
'BY:
MauriXio—Betan4ig, CMC, City Clerk
.y BY
Ramiro
-
BY:
DepartmentHead
2019-72910. Concrete Development, Inc.
11.
CITY OV
(W
Garcia, 16;ddent
BEACH
APPROVED AS TO FQ1W AND
LEGAL SUM I
MCIIENCY.
Edward A. Dion, City Attornoy
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
Additional Services
G. Concrete — First Amendment
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
E -Verify Affidavit
G. Concrete — First Amendment
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
Company Name
Offeror Signature
Print Name
Federal Employer Identification Number (FEIN)
Date
Title
Sworn to and subscribed before me on this this day of 2021.
By
❑ Is personally known to me
❑ Has produced identification (type of identification produced: )
Signature of Notary Public
Print or Stamp of Notary Public Expiration Date
cfTx ar s�rM neo
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Christopher J. Russo, City Manager
FROM: Richard Labinsky, P.E., City Engineer
DATE: September 14, 2021
RE: Ratifying a First Amendment to Agreement with G. Concrete Development
Inc. for the Bella Vista Park Dock Reconstruction
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Through Resolution Number 2019-3022, the City Commission approved Contract 2019-7291 with G
Concrete Development, Inc. to rebuild the dock at Bella Vista Bay Park. Concurrent with construction
the City pursued obtaining a permit for mangrove removal to clear the area near the dock and further
develop the park in the future. The Miami -Dade County permit for mangrove removal was recently
approved. On July 31, 2021, the City Manager executed a First Amendment to the Agreement tc
preform these additional services to include mangrove removal at Bella Vista Park. The total increase
for this portion of the project is $90,409.60.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-6-5720-465000-10001.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 10.11