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HomeMy WebLinkAboutReso 2021-3166RESOLUTION NO.2021 - 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH HARDESTY & HANOVER, LLP, FOR PEER REVIEW SERVICES FOR THE PEDESTRIAN OVERPASS BRIDGE OVER COLLINS AVENUE AT 180TH STREET, EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL 365 DAYS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") requires an independent peer review of pedestrian overpass bridges on State Roads to be conducted by a firm selected from an FDOT pre -approved list; and WHEREAS, on July 18th, 2019 via Resolution No. 2019-2965, the City Commission approved an Agreement with Hardesty and Hannover, LLP ("Consultant") to provide independent peer review services related to the pedestrian overpass bridge to be located over Collins Avenue at 180th Street ("Services"), in an amount not to exceed $56,475.00; and WHEREAS, on November 19th, 2020 via Resolution No. 2020-3139, the City Commission approved a Second Amendment to the Agreement with the Consultant to provide additional services not included in the original Scope of Work, in an amount not to exceed $29,760.00, bringing the total contract amount not to exceed $86,235.00; and WHEREAS, the Consultant submitted a request to extend the term of the Agreement for an additional 365 days from the issuance of the Notice to Proceed; and WHEREAS, the City Commission now wishes to approve a Second Amendment to the Agreement with Hardesty & Hanover, LLP to provide independent peer review services for the pedestrian overpass bridge to be located over Collins Avenue at 180th Street, extending the term of the Agreement for an additional 365 days from the issuance of the Notice to Proceed, 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. Approval of Second Amendment. The City Commission hereby approves a Second Amendment to the Agreement with Hardesty & Hanover, LLP to provide independent peer review services for the pedestrian overpass bridge to be located over Collins Avenue at 180th Street, extending the term of the Agreement for an additional 365 days from the issuance of the Notice to Proceed, attached hereto as Exhibit "A". Section 2. Authority of Maw The Mayor is hereby authorized to execute said Amendment. R2021 2nd Amend W Hardesty And Hanover For Peer Review Services Page 1 of 2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day ebruary 2021. George H. Scholl, Mayor ATTES� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauricio etancq , CMC, City Clerk /`'Edward A. Dion, City Attorney Moved by: �Mwllotct4c QL'MAM Seconded by: a MlSstoN V lS%494A Vote: Mayor Scholl (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama �- (Yes) (No) Commissioner Viscarra v (Yes) (No) 82021 2nd Amend W Hardesty And Hanover For Peer Review Services Page 2 of 2 o�SJN"Y.'S"� City of Sunny Isles Beach 'n 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fyf cArt PI.Oa��osa (305) 949-3113 H6 City all 3 Fax of SvK MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Richard Labinsky, P.E., City Engineer DATE: 2/18/2021 Resolution Approving the Second Amendment to the RE: Agreement with Hardesty & Hanover, LLP for Peer Review Services for the Pedestrian Overpass Bridge at Collins Avenue and 180 Street. RECOMMENDATION: Staff is recommending the City Commission approve the attached Resolution. REASONS: The Florida Department of Transportation (FDOT) requires an independent peer review of the structural design for the pedestrian bridge at Collins Avenue and 180 Street project. The City is currently in the design phase of this project. FDOT requires an engineering firm that is on their approved structural engineer list. The City approved an agreement with Hardesty & Hanover on July 18, 2019. Due to the increased complexity of the bridge following the original proposal, and the FDOT review requirements, the peer review engineer has submitted a request for additional services to complete the project. Effective January 16, 2021, the parties wish to amend Section 3 of the original Agreement ('term') to provide that the term of the Agreement shall terminate no later than 365 days from the date of issuance of the Notice to Proceed. FUNDING SOURCE: ATTACHMENTS: Description Resolution Second Amendment Item Number: 10.C. NNt A1C SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND HARDESTY & HANOVER, LLC CONTRACT NO. 2019 - 7182 This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("C''ty") and HARDESTY & HANOVER, LLC. ("Consultant") executed this :234 day of 2021, is made apart of the original Agreement ("Agreement") dated August 6, 2019, b;tween the City and Consultant, a copy of which attached hereto as Attachment "A", as amended, whose Federal Identification # is 45-3031954. The City and Consultant hereby agree as follows: 1. TERM. Effective January 16, 2021, the parties hereby wish to amend Section 3 of the original Agreement ("Term") to provide that term of the Agreement shall terminate no later than Three Hundred Sixty -Five (365) days from date of issuance of the Notice to Proceed. 2. 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 (haps://www.e-verifti.tioviemi loti.ers/enroll.iii! -in- e-verif 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 "B". 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated August 6, 2019, and attached hereto as Attachment "A", shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Second 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 Attachments "A" and "B". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. [SIGNATURE PAGE TO FOLLOW] Page 1 of 4 WITNES . Signatpre 1 Print Dame, ` ATTET: r. , CMC, City Clerk HARDESTY & HANOVER, LLC. BY::� / Michael Sileno, PE, Principal CITY OF Y ISLES BEACH BY: Vpt' George H. Scholl, Mayor APPROVED AS TO FORM AND LEGAL4UFFICIENC W Edward A. Dion, City Attorney Page 2 of 4 E -Verify Affidavit 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-verifv.Rov/employers/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. Hardesty & Hanover Company Name Offerbr Signatyre Michael Sileno Print Name X5.130-130 Federal Employer Identification Number (FEIN) 2/23/2021 Date Princiml Title Sworn to and subscribed before me on this this 23rd day of February 2021. M Is personally known to me ❑ Has produced identification (type of identification produced: i Signature of Notary Public � • i� SAMINA SANCHEZ Notary Public State o` :,oriaa Carrmissior. = GG 34:55!. ^ �� r cod / My Corrin. Ex?ires JLr 22. 2023 0�- giogml Notary r. Expiration Date