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Res. No. 55-24RESOLUTION NO.55-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,APPROVING AN AGREEMENT WITH ROSSO SITE DEVELOPMENT,INC.,FOR THE BARWICK ROAD BICYCLE AND PEDESTRIAN IMPROVEMENTS PROJECT PURSUANT TO INVITATI ON TO BID CONSTRUCTION NO.2024-009;AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION;PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. WHEREAS,the City of Delray Beach (the "City")is authorized to enter into agreements to provide services,programming,and products in accordance with its Charter;and WHEREAS,the City requires construction and related services to complete bicycle and pedestrian improvements along Barwick Road (the "Project");and WHEREAS,the City desires to enter into an agreement with Rosso Site Development,Inc.,(the "Contractor")for the Project pursuant to Invitation to Bid Construction No.2024-009 (the "Agreement"); and WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of the health,safety,and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1.The foregoing recitals are hereby affirmed and ratified. Section 2.The City Commission of the City of Delray Beach has reviewed and hereby approves the Agreement between the City and Contractor,attached hereto and incorporated herein as Exhibit "A". Section 3.The City Commission authorizes the City Manager to execute any amendments and take any and all actions necessary to effectuate this Resolution. Section 4.This Resolution shall become effective immediately upon adoption. PASS ED AND ADOPTED in regular session on the day of Á),,-.vVJ.i....,2024. ATTEST: CITY ATTORNEY OFFICE -LEGAL REVIEW CHECKLIST Name of Agreement:Agreement with Rosso Site Development for ITBC 2024-009 Department:Public Works Contact person:Eddyson Etienne City Manager aroval [] Reviewed by Purchasing [Z] City Commission approval Agenda item #: Agenda meeting date: Resolution #:55-24 0 Agreement Action:New@O Renewal'O Amendment'O Renewal:Only change is the agreement term Amendment:For changes other than/in addition to term Does the Contractor require the City to sign first?:No For City Attorney Use only: Agreement Terms:Comments/Specific Provision in Agreement Term (Duration of Agreement)(Until completion)5.1.substantial completion in 700 calendar days;30 days thereafter for final completion Termination Clause Pg 193;Article 16 of ITBC;Sections 16.1-16.3 for cause;Section 16.4 for convenience Renewal Clause nia Insurance City standard Indemnification Other Assignment 13.2-not without written consent Fiscal Funding Requirement 14.3 FL.Public Records Provision (2016)14.1 Inspector General Provision 14.2 Governing Law Florida Venue Palm Beach County Attorney's fees 14.5-each party to pay their own fees and costs E-verify 14.4 Business Principles: Fees:Total Value Fees:Per Fiscal Year Other Issues: Non-Negotiable Issues/ Miscellaneous Issues/ Special Considerations Comments $7,764,375.44 N/A Comments Barwick Road Bicycle and Pedestrian Improvements. Indemnification language is FOOT standard language. Consistent with applicable policies including,but not limited to,Procurement policies.Yes 0 Attorney:William Bennett,Esq. Reviewed and approved as to form and legal sufficiency only Form version 5,March,2018