HomeMy WebLinkAboutReso 2024-3719RESOLUTION NO. 2024- SI/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REQUESTING WAIVER OF THE BIDDING REQUIREMENTS SET FORTH IN
CHAPTER 62 OF THE CITY'S CODE OF ORDINANCES; APPROVING AN AGREEMENT
WITH GENERAL CAULKING & COATINGS, CO., INC.; TO REPLACE AND INSTALL
EXTERIOR WINDOWS AT THE GOVERNMENT CENTER, IN AN AMOUNT NOT TO
EXCEED SEVENTY-FIVE THOUSAND FIVE HUNDRED EIGHT DOLLARS AND FORTY
CENTS ($75,508.40), 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 (the "City") is in need of a contractor to replace
and install 13 exterior windows at the City's Government Center (the "Services"); and
WHEREAS, General Caulking & Coatings, Co., Inc. (the "Contractor"), is a certified and
insured company with the necessary experience to provide the desired Services; and
WHEREAS, pursuant to section 62-12 of the City's Code of Ordinances, the City
Commission may authorize the waiver of competitive bidding procedures upon the City
Manager's recommendation that it is in the City's best interest to do so; and
WHEREAS, the City has conducted a good faith review of available sources and
negotiation as to price, delivery, and terms for the Services; and
WHEREAS, the City Commission wishes to waive the City's bidding requirements and
approve an Agreement with the Contractor to provide the Services, in an amount not to exceed
Seventy -Five Thousand Five Hundred Eight Dollars and Forty Cents ($75,508.40), which includes
a contingency in the amount of Six Thousand Eight Hundred Sixty -Four Dollars and Forty Cents
($6,864.40), attached here to as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Waiver of Bidding Requirements. The City Commission hereby waives the bidding
requirements of Chapter 62 of the City's Code of Ordinances.
Section 2. Approval of Agreement. The City Commission hereby approves an Agreement
with General Caulking & Coatings, Co., Inc. to replace and install 13 exterior windows at the City's
Government Center, in an amount not to exceed Seventy -Five Thousand Five Hundred Eight
Dollars and Forty Cents ($75,508.40), which includes a contingency in the amount of Six Thousand
Eight Hundred Sixty -Four Dollars and Forty Cents ($6,864.40), attached here to as Exhibit "A".
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
@BCL@340B398A.docx Page 1 of 2 332
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th day of Sept r, 2024.
Larisa Svechin, Mayor
ATTES APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Mau�cio etanur, CMC, City Clerk Iain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
b
Moved by: (644�-64L�r -05—ir ��" Seconded by: (Vm l/�/ Row
Vote:
Mayor Svechin _1(Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@340B398A.docx Page 2 of 2 333
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AGREEM_ ENT B
AND GENERAL CA
CONTRACT NO. 2024-8877
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this day of September, 2024, by and between the CITY OF SUNNY
ISLES BEACH, FLORIDA, (hereinafter referred to as "City"), and GENERAL CAULKING
& COATINGS, CO., INC., a Florida corporation, whose Federal Employment Identification (FEI)
No. is 59-1284060 (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of a Contractor to replace and
install thirteen (13) new windows at the Government Center, which during the restoration
and cleaning work to the exterior of the Government Center Building, it was discovered such
windows were damaged; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he City
Commission may authorize the waiver of competitive bidding procedures upon the
recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods
and services which cannot be acquired through the normal purchasing process due to insufficient
time, the nature of the goods or services, or other factors;" and
WHEREAS, the City Manager has recommended that waiver of the competitive bidding
procedures as it relates to the Services, and under the terms and conditions set forth herein, are in
the City's best interests; and
WHEREAS, the City has conducted a good faith review of available sources and
negotiation as to price, delivery and terms for the Services; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services,
as more particularly described in the Contract Documents, for Sixty -Eight Thousand Six Hundred
Forty -Four Dollars and No Cents ($68,644.00), plus Six Thousand Eight Hundred Sixty -Four
Dollars and Forty Cents ($6,864.40) for contingency, if necessary, resulting in a total not -to -exceed
amount of Seventy -Five Thousand Five Hundred Eight Dollars and Forty Cents ($75,508.40);
NOW THEREFORE, in consideration of the promises and the mutual covenants set forth
herein, 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 Contractor's proposal, appended hereto as Attachment "A" (hereinafter referred to
GENERAL CAULKING & COATINGS CO., 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
collectively as "Contract Documents"). In the event of any conflict between or among the contract
documents or any ambiguity or missing specifications or instruction, the following priority is
established:
A. First, this Agreement Between the City of Sunny Isles Beach and General Caulking &
Coating Co., Inc. — Contract No. 2024-8877.
B. Second, Contractor's Proposal.
3. SERVICES. Contractor shall provide the Services pursuant to the Contract Documents.
The Services shall include furnishing all labor, equipment, and materials necessary to replace and
install thirteen (13) new windows at the Government Center, as more particularly described
in Attachment A.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees
to furnish all labor and material in a good and workmanlike and professional manner to perform
the Services. Contractor agrees to have a qualified representative to audit and inspect the Services
provided on a regular basis to ensure all Services are being performed in accordance with the City's
needs and pursuant to the terms of this Agreement and shall report to the City accordingly.
Contractor agrees to immediately inform the City via telephone and in writing of any problems
that could cause damage to the City's property, improvements, or persons. Contractor will require
its employees to perform their work in a manner befitting the type and scope of work to be
performed. In the event that the Contractor fails to complete the Services pursuant to the terms of
this contract and City must undertake the completion of performance of Services, Contractor
agrees to indemnify the City for all costs incurred with respect to the completion of those Services
and any damages the City may suffer as a result of the Contractor's failure to perform the Services.
Contractor shall perform work between the hours 7:00 AM and 6:30 PM Monday through
Thursday and 7:00 AM — 5:00 PM on Fridays. Work may only be performed on weekends
with the permission, or as restricted by, City in its regulatory capacity.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall be for a period of ninety (90) days, commencing
upon the issuance of a written Notice to Proceed by the City.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date specified in the Notice to Proceed and continue in
a diligent manner until completion of the Services. Contractor acknowledges that compliance with
the commencement and completion schedule is the essence of this Agreement. The terms of
Section 14, entitled "Indemnification and Waiver of Liability," Section 22, entitled "Compliance
with Law," Section 10, entitled Warranty of Services, and Section 11, entitled "Defective Work,"
shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor
for Services performed under this Agreement the amount of Sixty -Eight Thousand Six Hundred
Forty -Four Dollars and No Cents ($68,644.00), plus Six Thousand Eight Hundred Sixty -Four
Dollars and Forty Cents ($6,864.40) for contingency, if necessary, resulting in a total not -to -exceed
amount of Seventy -Five Thousand Five Hundred Eight Dollars and Forty Cents ($75,508.40).
GENERAL CAULKING & COATINGS CO., 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
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with
the Contract Documents, under the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
B. Payment Schedule. Contractor shall invoice City ever thirty (30) days based upon
the percentage of work completed. Invoices received from the Contractor pursuant
to this Agreement will be reviewed by the initiating City Department. Invoices must
reference the contract number assigned hereto. Invoices will be paid in accordance
with the State of Florida Prompt Payment Act. The City will pay properly
submitted Contractor invoices following each monthly period within 30 (thirty)
days of receipt, for completed Services and accepted deliveries, unless the City
notifies the Contractor in writing of the dispute, before the payment is due.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage, and
liabilities caused by Contractor, its agents or employees, as indicated below:
A. 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 Two Million Dollars ($2,000,000) per occurrence.
B. Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
C. 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.
D. Umbrella/Excess Liability Policy at a minimum of $3,000,000.
The Commercial General Liability, Automobile and Umbrella policies must include the City of
Sunny Isles Beach as Additional Insured, be based on a Primary /Non -Contributory basis, and
include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach.
Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny
Isles Beach.
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 shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. Contractor shall also require and ensure that each of its sub-
contractors providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
GENERAL CAULKING & COATINGS CO., 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
8. ACCIDENT PREVENTION AND BARRICADES. Contractor shall comply with City,
State and Federal regulations and permit requirements for the placement of the proper Traffic
Control Devices. Barricades, cones, construction fencing, temporary construction fencing per City
regulations and other relevant requirements, shall be provided by the Contractor when work is
performed in areas traversed by persons, vehicular traffic or when deemed necessary by the City
Project Manager(s) at no extra cost to the City. Precautions shall be exercised at all times for the
protection of persons and property. All services performed under this contract shall conform to all
relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control
Devices (MUTCD), the Florida Department of Transportation's Design Standards (DS) and OSHA
during the course of such effort. Where requirements vary or conflict, the more stringent shall
apply. Any fines levied by the above-mentioned authorities for failure to comply with these
requirements shall be borne solely by the Contractor.
9. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of
pedestrians and shall erect and properly maintain at all times all necessary safeguards for the
protection of the employees and the public. Contractor to follow all OSHA Safety Standards.
Danger signs warning against hazards created by his/ her operation and work in progress must be
posted. All employees of the contractor shall be expected to wear safety glasses or goggles,
appropriate clothing, and hearing protection when and wherever applicable. The contractor shall
use only equipment that is fully operational and in safe operating order. Contractor shall be
especially careful when servicing property when pedestrians and/ or vehicles are in close proximity
work shall cease until it is safe to proceed.
10. WARRANTY OF GOODS & SERVICES.
10.1 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.
10.2 Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
10.3 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that are required under state or federal law.
GENERAL CAULKING & COATINGS CO., 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
11. DEFECTIVE WORK.
11.1 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.
11.2 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.
11.3 If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation beyond a period of five (5) years with respect to
any other obligation which Contractor might have under this Agreement including
but not limited to any claim regarding latent defects.
11.4 Failure to reject any defective work or material shall not in anyway prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
11.5 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.
12. 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
GENERAL CAULKING & COATINGS CO., INC. 6 339
City of Sunny Isles Beach 18070 Collins Avenue, Sunny.Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
1. In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph 12A(1)
and A(2) 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.
13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to the expiration or
termination of this Agreement, 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.
14. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement. Contractor shall at all times
hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected
by the City to defend City, its agents, representatives, officers, directors, officials and employees
from and against any and all causes of action, demands, claims, losses, liabilities and expenditures
of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by
GENERAL CAULKING & COATINGS CO., INC.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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the intentional or negligent act of, or omission of Contractor, including those of their employees,
agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of
this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures,
demands or causes of action of any nature whatsoever resulting from injuries or damages sustained
by any person or property. In the event any lawsuit or other proceeding is brought against City by
reason of any such claim, cause of action or demand, Contractor shall, upon written notice from
City, resist and defend such lawsuit or proceeding by counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City.
15. 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 and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
16. SUBCONTRACTORS. Upon execution of this Agreement, Contractor shall furnish City,
in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor
for the Services. City shall promptly reply to the Contractor, in writing, stating any objections City
may have to such proposed Subcontractor. Contractor shall not enter into a Subcontract with a
proposed Subcontractor with reference to whom the City has made timely objection. Contractor
shall not be required to Subcontract with any party to whom the Contractor has objection. All
subcontracts shall afford City rights against the Subcontractor which correspond to those rights
afforded to the City against the Contractor herein.
17. 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 electronic mail (e-mail) 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:
GENERAL CAULKING & COATINGS CO., INC. 8 341
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
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 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris(dosibfl.net
aboileau(,n nlaw.corn
If to the
Michael Engelke, President
Contractor:
101 NW 176th Street
Miami, FL 33169
Tel: (305) 652-1020
Michaelggeneraicaulking.com
18. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. 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.
C. 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.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided by Contractor to the City, upon request from the
City, in a format that is compatible with the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY' S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4th
Floor, Sunny Isles Beach, Florida 33160.
GENERAL CAULKING & COATINGS CO., INC. 9 342
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305)949-3113 Fax
19. 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.
20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance. The Contractor will take affirmative action to ensure 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.
21. 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 the City
of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully
set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
22. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
23. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachment "A."
24. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
GENERAL CAULKING & COATINGS CO., INC. 10 343
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
engaged in the boycott of Israel. 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 company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is 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 287.135.
25. 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 Consultant enters into a contract with a
subcontractor, the subcontractor must provide the Consultant 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, Consultant is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Consultant 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
Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "C."
26. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as
Attachment "D," signed by an officer or an authorized representative of the Contractor, under
penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined
in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material
breach of contract.
GENERAL CAULKING & COATINGS CO., INC. 11 344
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
27. 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. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
GENERAL CAULKING & COATINGS
CO., INC.
P1 p
Michael Engelke, President
STATE OF FLORIDA:
COUNTY OF M i A/l\ i -b
The foregoing instrument was acknowledged before me by means of LR physical presence or ❑
online notarization, this a(Ly-\day of September, 2024, by Michael Engelke, as President of
General Caulking & Coatings Co., Inc.
(SEAL)
Personally Known 0"" or Produced Identification _
Type of Identification Produced:
&'&q'CVAq-no-0
Notary Public, State of Florida
(Signature of Notary Public)
(Print, Type, or Stamp
CommissionrN:*--
Public)
ic) ELLEN LAM01A
Public —State of Floridamission # HH 132454mm, Expires Jun S, 2025ugh National Notary Assn,
GENERAL CAULKING & COATINGS CO., INC. 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST: / I CITY OF SUNNY ISLES BEACH
BY: 14walf BY:
Maur cio Betanc r, Larisa Svechin, Mayor
CMC City
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY: BY: 4L�
Department Head Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
GENERAL CAULKING & COATINGS CO., INC. 13 346
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
GENERAL CAULKING & COATINGS CO., INC. 13
1 .
WATERPROOFING CONTRACTORS
30 August 2024
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Attention: Mr. Richard Labinsky—City Engineer
Reference: Sunny Isles Beach Government Center
Glass Replacement Cost Proposal
Dear Mr. Labinsky:
At the direction of the property owner, we've revised our count for glass replacement at the Sunny Isles
Beach Government Center and propose to supply labor, materials, tools and equipment to perform the
following:
1. Window Locations: NW -14-13; NW -15-C; SW -9-C; SW -22-C; SW -40-C; EC -2; EC -23; P1 MIDDLE; P1
LOWER; P5 LOWER; P6 UPPER; P6 MIDDLE and P11 MIDDLE.
2. Glass is provided by Viracon and is Type A Glass — Vision Glass. %" green, heat strengthened VE -85#2,
edge deletion -.050" StormGuard, 050" StormGuard and %" clear, heat strengthened.
3. At designated locations, trim existing gasket or sealant at cover to glass and remove existing mullion
covers required to access affected glass lite. From interior of building, cut sealant loose from framing to
back of glass lite with operator on outside holding glass with suction cups. Remove glass lite to the
outside and bring to the ground. Trim excess glazing sealant from aluminum structural framing for new
installation, clean with double wipe method. Install at %" x %" bead of Tremco's Proglaze SSG silicone
sealant to back of glass for adhesion to aluminum structural framing. NOTE: Proglaze SSG silicone
sealant must cure 21 days before shims and setting blocks can be removed! Lift glass into place and
set on setting blocks for positioning. Once in proper location, install temporary shims to remain in place
during curing process.
4. After glazing silicone sealant has cured in 21 days, remove setting blocks and temporary shims. Check
perimeter silicone sealant of glass to aluminum structural framing for continuous bead proper
installation. Reinstall existing mullion covers set with two-sided structural glazing tape and caulk
mullion to glass with Tremco's Spectrem 2 silicone sealant. Reinstall perimeter sealant of mullion to
precast with Tremco's Spectrem 1 silicone sealant.
Bid Qualifications:
1. Glass to be delivered to property and Owner to provide a secure location under cover with easy
access to glass in wooden crates.
2. Access is needed to inside of each location to have glass replaced for removal of any interior covers
and cut away sealant between back of glass and aluminum structural framing. Because of required 21
day cure time, office personnel to be interrupted from install (1 day) and through curing process until
finishes can be reinstalled.
3. From date of order, anticipated delivery time is approximately 60 days. Viracon will notify within 24
hours of shipping inventory and anticipated delivery date to be shared with Owner.
J 3004 Wanwood Court, Suite 140
Oviedo, FL 32765
/-1101 Northwest 176th
Miami, FL 33169
Street ❑ 3750 Consumer Street, Suite A
Riviera Beach, FL 33404
❑ 12111, 39th Street, Suite 438
Tampa, FL 33605
T: 407.365.4923 F: 407.365.6927
T. 305.652.1020
F: 305.652,0786 T. 561.842.0843 F: 561.848.7863
T:813.769.9617
CC License 3304
CC License 1374
CC License U-8685
CC License 61426
347
City of Sunny Isles Beach
Sunny Isles Beach Government Center — Glass Replacement
Page 2
4. Bid is based on working normal business hours, Monday to Friday from 8am to 3:30 pm daily.
5. Estimated time of completion after commencing is four (4) weeks.
BID AMOUNT:
MATERIALS:
®
Replacement glass, freight (13 pieces)
$22,044.00
•
Silicone sealant
2,895.00
•
Shims, blocks, setting materials
2,250.00
LABOR:
•
Install 13 pieces
$28,698.00
•
Access equipment
5,562.00
•
Recaulking after installation of glass
4,935.00
•
Unload crates, handling of materials
2,260.00
TOTAL BID AMOUNT: $68,644.00
Please review and feel free to call should any questions exist or if we may be of any further service.
Very truly yours,
GENERAL CAULKING & COATINGS CO., INC.
Michael Engelke
President
348
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment B
GENERAL CAULKING R COATINGS CO., INC. 14
RNAV
n
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
OP
ffC/Y •FIOa\H°yW
[PURSUANT TO FLORIDA STATUTE § 215.1351
I� Michael Engelke , on behalf of General Caulking & Coatings Co., Inc.
Print Name Company Name
certifies that General Caulking & Coatings Co., Inc. does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List; and
5. Has not engaged in business operations in Cuba or Syria.
Signature Michael Engelke
President
Title
26 September 2024
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment C
GENERAL CAULKING & COATINGS CO., INC.
E-VerifyAffidavit
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.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the I-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
GENERAL CAULKING & COATINGS CO., INC.
Comp n %Name
xltwl� �k.�flb'�
Offeror Signature
MICHAEL ENGELKE
26 SEPTEMBER 2024
Date
PRESIDENT
Print Name Title
59.1284060
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this �'11) day of '�CP+eM [Der- 2ez-3- 9Z),9 Y
By fYiic-A �e-I C /i fc V
V Is personally known to me
❑ Has produced identification (type of identification produced:
Signature of Notary Public
�s. VA
Y'P�•.., ELLEN LSA Mk
Notary Public - State of Florida
<: commission N HH 132454
Expires Jul) 8, 2025
Expiration Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment D
GENERAL CAULKING & COATINGS CO., INC. 16
o�.5uNNY. fS1FS�
.i
F +'F4oa w
S"', � Affidavit of Compliance with Anti -Human Trafficking Laws
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking).
2. The undersigned is authorized to execute this affidavit on behalf of Entity.
Date: 26 SEPTEMBER , 2024 Signed: A► -
Entity: GENERAL CAULKING & COATINGS CO., INC Name:
STATE OF F101-idt
COUNTY OF M i 00-0 'bad 2
MICHAEL ENGELKE
Title: PRESIDENT
The foregoing instrument was acknowledged before me, by means of P. -physical presence or ❑
online_ notarization, this day of veM C, el5 202P , by
chge l 1 be as for
6&,\evz' Jaul An I- C,0 <n�0.s 00 'Z1c. , who is personally known to
me or who has produced as identification.
Notary Public Signature: a
Print Name: C f ler) Loi I c Ic�
State of Florida at Large (Seal)
My commission expires:
tiv o� ELLEN LAMOIA
Notary Public . State of Florida
commission it HH 132454
My Comm, Expires Jun 8, 2025
Bonded through National Notary Assn,
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: Stan Morris, City Manager
FROM: Rick Labinsky, P.E., City Engineer
DATE: September 19, 2024
RE: Approval of an Agreement with General Caulking and Coatings, Inc. to
Replace Damaged Windows at the Government Center
RECOMMENDATION:
Staff is recommending the City Commission approve the attached Resolution.
REASONS:
The City of Sunny Isles Beach requires the services of General Caulking and Coatings, Inc. to replace 13
windows at the Government Center that are damaged. The contractor has previously performed
restoration on the building windows to correct the damages resulting from the Acqualina building
construction. As part of that work, they identified 13 windows that are in need of replacement. As this is
not in the scope of the Acqualina cleaning, the City will need to have these repairs done. The contractor
has done great reliable work and that is why we recommend using them for this additional scope at the
city's expense. Failure to replace these windows would continue to cause water intrusion and subject us
to increased damage risk in the event of a major storm event.
The City requests the Commission approve $68,644.00 for this construction. Staff is recommending
awarding this contract and including a ten percent contingency for a total amount of $75,508.40 for
these services.
ADDITIONAL INFORMATION:
Copies of the complete contract documents are on file with the Office of the City Clerk and are available
upon request.
FUNDING SOURCE:
Funds have been appropriated in account no. 001-5-5391-446003-00000.
Item Number: 10.11
330
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.11
331