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HomeMy WebLinkAboutReso 2014-2197RESOLUTION NO. 2014 -_2ja'] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RIC- MAN INTERNATIONAL, INC. FOR CONSTRUCTION SERVICES AT THE INTRACOASTAL PARK AND RELATED PARKS, IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FORTY -SEVEN THOUSAND ONE HUNDRED NINETY -EIGHT DOLLARS AND SEVENTY -SIX CENTS ($747,198.76); AUTHORIZING WAIVER OF COMPETITIVE BIDDING PROCEDURES; 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 was in need of a general contractor to provide continuing services_. on an as- needed basis, for small construction projects in the City; and WHEREAS, on May 16, 2013 via Resolution No. 2013 -2063 the City Commission entered into an Agreement with Ric -Man International, Inc. to provide continuing services on an as- needed basis for small construction projects in the City for fiscal year 2012/2013, in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00), commencing from the issuance of a Notice to Proceed and shall terminate one (1) year afterwards with an option of four (4) additional one (1) year renewal terms; and WHEREAS, on October 17, 2013 via Resolution No. 2013 -2125 the City Commission renewed the Agreement with Ric -Man International, Inc. to provide continuing services on an as- needed basis for small construction projects in the City for fiscal year 2013 /2014, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00); and WHEREAS, on December 19, 2013 via Resolution No. 2013 -2171 the City Commission authorized the City Manager to negotiate a Second Amendment to the Agreement with Ric -Man International, Inc. to provide construction services at the Intracoastal Park and related parks, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00), for a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00) for fiscal year 2013/2014; and WHEREAS, the approved limit of Three Hundred Thousand Dollars ($300,000.00) in aggregate for fiscal year 2013/2014 has been reached and additional funding is needed to continue with various improvements at the Intracoastal Park including finish grading, installation of drainage wells and associated storm drainage infrastructure. construction of the decorative wall. columns and fencing, potable water service. and hardscape; and WHEREAS, pursuant to Section 62 -12 of the City's Procurement Code, the City Manager has recommended that it is in the best interest of the City to waive its formal competitive bidding procedures due to time constraints and the urgent nature of the Intracoastal R2014- Ric -Man Intnl 2nd Amd to Agmt Construction Srvs Page I of 3 Parks project and the increased scope of services since the initial Agreement, to include the Intracoastal Park and related parks; and WHEREAS, Ric -Man International, Inc. has institutional knowledge and is already performing work under the JOC agreement and has expressed the ability and desire to provide these services pursuant to the terms and conditions of the City of Weston Bid No. 2012 -03; and WHEREAS, the City now wishes to enter into the Second Amendment to the Agreement with Ric -Man International, Inc. to provide construction services at the Intracoastal Park and related parks, in an amount not to exceed Seven Hundred Forty -Seven Thousand One Hundred Ninety -Eight Dollars and Seventy -Six Cents ($747,198.47), which includes a Contingency of One Hundred Thousand Nine Hundred Ninety -Two Dollars and Eighty -Five Cents ($100,992.85), for a total amount not to exceed One Million Forty -Seven Thousand One Hundred Ninety -Eight Dollars and Forty -Seven Cents ($1,047,198.47) for fiscal year 2013/2014. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Waiver of Competitive Bidding Requirements. The Competitive Bidding Requirements of Chapter 62 of the City Code are hereby waived for the limited purpose of utilizing Ric -Man International, Inc. for the construction services at Intracoastal Park. Section 2. Approval of the Second Amendment to Agreement. The City Commission hereby approves the Second Amendment to the Agreement with Ric -Man International, Inc. for construction services at Intracoastal Park and related parks. in an amount not to exceed Seven Hundred Forty -Seven Thousand One Hundred Ninety -Eight Dollars and Seventy -Six Cents ($747,198.47). Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. 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 shall become effective upon adoption. PASSED AND ADOPTED this 20`1' day of February 2014. ATTEST: <:: � "I Ln�__ Jane A. Hines. MMC, City Clerk 82014- Ric -Man Intnl 2nd Amd to Agmt Construction Srvs Page 2 of 3 APPROVED TO FORM AND LE�V?ICIENCY: itVAttorney Vote: 5 -b Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: yt'ct l r'I 0 4rcLwo Seconded by:rv�mAnA��m9 -� (Yes) (No) ✓ (Yes) (No) (Yes) (No) Z(Yes) (No) 1(Yes) (No) R2014- Ric -Man Intnl 2nd Amd to Agmt Construction Srvs Pa-e 3 of 3 • y„MMV iJl J V 11 _! SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND R IC -MAN INTERNATIONAL, INC., CONTRACT NO. C1314 -021 This Second Amendment to the Agreement between the City of Sunny Isles Beach and Ric - Man International, Inc., executed this 200- day of February, 2014, is made a part of the original Agreement ( "the Agreement ") dated May 16, 2013, between the City of Sunny Isles Beach ( "City ") and Ric -Man International, Inc. ( "Contractor ") attached hereto as Attachment "B ", whose Federal Identification # is 51- -1- 300 3°18 . The City and Contractor hereby agree as follows: I. ADDITIONAL SERVICES TO BE PERFORMED. The scope of services, as set forth in Section 2 of the original Agreement, is hereby amended to include construction services at Intracoastal Park ( "Additional Services "), as more fully described in Attachment "A ", attached hereto and incorporated herein by reference. 2. COST. The payments to the Contractor, as set forth in Section 5 of the original Agreement, is hereby amended to include Seven Hundred Forty -Seven Thousand One Hundred Ninety -Eight Dollars and Seventy-Six Cents ($747,198.76), which includes a contingency of One Hundred Thousand Nine Hundred Ninety-Two Dollars and Eighty -Five Cents ($100,992.85), for a total amount not to exceed One Million Forty -Seven Thousand One Hundred Ninety-Eight Dollars and Seventy -Six Cents ($1,047,198.76) for fiscal year 2013/2014. 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms and conditions in this Second Amendment supersede any other conflicting provisions that are contained in any other document including but not limited to the Agreement dated May 16, 2013, and Attachments "A" or "B ", attached hereto and incorporated by reference. If there is a conflict or inconsistency between any term, statement, requirement, or provision of this Second Amendment and any other document, including but not limited to the Agreement and Attachments "A" or "B ", the term, statement, requirement, or provision contained in this Second Amendment shall prevail and be given superior effect and priority_ IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS!- 'Signature 3cxf,4u2 � IP�Jo , Print Name tt�IR B . Jane A_ Hines, MMC, City Clerk RIC -M IONAL, INC. BY: / Viic o 1. Project Manager CITY OF SUNNY ISLES BEACH orman S. Edelcup, Mayo A PROVED TO ORM AND LEGAL S C BY: Ha i;of, City Attorney y F • F L O �' a ;rr 7r S+a r x TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 2/20/2014 A Resolution Authorizing the City Manager to Utilize Ric -Man International, Inc. for Construction Services at the Intracoastal Park RECOMMENDATION: We recommend the City Commission approve the Resolution and waive the competitive bidding requirements. REASONS: The City was in need of a general contractor to provide continuing services, on an as- needed basis, for small construction projects in the City. On May 16, 2013 via Resolution No. 2013 -2063 the City Commission entered into an Agreement with Ric -Man International, Inc. to provide continuing services on an as- needed basis for small construction projects in the City for fiscal year 2012/2013, in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00), commencing from the issuance of a Notice to Proceed and shall terminate one (1) year afterwards with an option of four (4) additional one (1) year renewal terms. On October 17, 2013 via Resolution No. 2013 -2125 the City Commission renewed the Agreement with Ric -Man International, Inc. to provide continuing services on an as- needed basis for small construction projects in the City for fiscal year 2013/2014, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00). On December 19, 2013 via Resolution No. 2013 -2171 the City Commission authorized the City Manager to negotiate a Second Amendment to the Agreement with Ric -Man International, Inc. to provide construction services at the Intracoastal Park and related Agenda Item No. 100 Date 2/20/2014 256 parks, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00), for a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00) for fiscal year 2013/2014. The approved limit of Three Hundred Thousand Dollars ($300,000.00) in aggregate for fiscal year 2013/2014 has been reached and additional funding is needed to continue with various improvements at the Intracoastal Park including finish grading, installation of drainage wells and associated storm drainage infrastructure, construction of the decorative wall, columns and fencing, potable water service, and hardscape. Pursuant to Section 62 -12 of the City's Procurement Code, the City Manager has recommended that it is in the best interest of the City to waive its formal competitive bidding procedures due to time constraints, the urgent nature of the Intracoastal Parks project and the increased scope of services since the initial Agreement, to include the Intracoastal Park and related parks. Ric -Man International, Inc. has institutional knowledge and is already performing work under the JOC agreement and has expressed the ability and desire to provide these services pursuant to the terms and conditions of the City of Weston Bid No. 2012 -03. The City now wishes to enter into the Second Amendment to the Agreement with Ric - Man International, Inc. to provide construction services at the Intracoastal Park and related parks, in an amount not to exceed Seven Hundred Forty -Seven Thousand One Hundred Ninety -Eight Dollars and Seventy -Six Cents ($747,198.76), which includes a Contingency of One Hundred Thousand Nine Hundred Ninety -Two Dollars and Eighty- Five Cents ($100,992.85), for a total amount not to exceed One Million Forty -Seven Thousand One Hundred Ninety -Eight Dollars and Seventy -Six Cents ($1,047,198.76) for fiscal year 2013/2014. It should be noted that the total amount expended on the Intracoastal Park and related parks for fiscal year 2013/2014 is Nine Hundred Forty Seven Thousand One Hundred Ninety Eight Dollars and Seventy Six Cents ($947,198.76) given that Resolution No. 2013 -2125 renewed the Agreement with Ric -Man International, Inc. to provide continuing services on an as- needed basis for small construction projects in the City for fiscal year 2013/2014, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00). FUNDING SOURCE: Funding has been appropriated in account nos. 20/35- 600.5682/5686/5687 /5692 ATTACHMENTS: . Cost Breakdown . Resolution . Agreement Agenda Item No. 100 Date 2/20/2014 257 0 V v to 0 z W ,I G 4-, N co C V O v CL c E O C N J N O u G `m s O Ln L C O ut E O vi c u 2 rr 0 n v b O `v v a c O v N N O 3 Q U 4„ u (/ C � T u C C O O V ro � � v c N a) Y E U O m y J QV to Z O w O Z ca Z !- 0 Z W O 0 O a a O O O O �+ N co 0 O N lD O 01 n u Ln U) O ul N 00 Ul U1 ~ '-I O N M N co Q Ol p f0 ai O w �-t :.. v o S c N 4 Qj 'Q m C v r`t. V) N V1 V} V1 VT VT 4-, N co C V O v CL c E O C N J N O u G `m s O Ln L C O ut E O vi c u 2 rr 0 n v b O `v v a c O v N N O 3 Q U 4„ u (/ C � T u C C O O V ro � � v c N a) Y E U O m y J QV to Z O w O Z ca Z !- 0 Z W O 0 O a a O N v ro O u � � O O C ~ I `) Q +Qj t f0 §' :.. v o S c N 4 Qj 'Q Y tai C v n. O Q U1 Qu c 0 ti N a X O p ° ° 4 o Q, a U Y 4 00 J Q � � Li v � Q � 7 a o L� 4-, N co C V O v CL c E O C N J N O u G `m s O Ln L C O ut E O vi c u 2 rr 0 n v b O `v v a c O v N N O 3 Q U 4„ u (/ C � T u C C O O V ro � � v c N a) Y E U O m y J QV to Z O w O Z ca Z !- 0 Z W O 0 O a a ro CO c I t f0 N � a n. u cr q Y C � � a v � c a O O O U U U C Attachment number 1 Page 1 of I Agenda Item No, 100 258