HomeMy WebLinkAboutReso 2022-3425RESOLUTION NO. 2022 -�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING CHANGE ORDER NO. 4 TO THE AGREEMENT WITH THE
STOUT GROUP, INC. FOR THE CONSTRUCTION OF THE GOLDEN SHORES UTILITY
UNDERGROUNDING PROJECT, IN A TOTAL AMOUNT NOT TO EXCEED THREE
HUNDRED FOUR THOUSAND EIGHT HUNDRED TWO DOLLARS AND FIFTY-TWO
CENTS ($304,802.52), 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 Invitation to Bid
No. 20-08-01 ("Bid") for professional construction services for the Golden Shores Utility
Undergrounding Project and received five (5) bids; and
WHEREAS, following an evaluation of the bids, it was determined that The Stout Group,
Inc. ("Contractor") was the lowest responsible and responsive bidder; and
WHEREAS, on October 2111, 2021, via Resolution No. 2021-3257, the City Commission
awarded the Bid to, and authorized the City Manager to negotiate and enter into an Agreement
with, the Contractor; and
WHEREAS, the City Manager negotiated an Agreement with the Contract in an amount
not to exceed $5,858,477.87, which includes a contingency in the amount of $375,000.00; and
WHEREAS, on May 19th, 2022, via Resolution No. 2022-3345, the City Commission
approved Change Order No. 1 to cover the increase in material costs as a result of increases to
production and delivery of construction materials, in an amount not to exceed $135,150.30;
and
WHEREAS, on July 211t, 2022, via Resolution No. 2022-3378, the City Commission
approved Change Order No. 2 for the installation of conduits and connections to private
meters, in an amount not to exceed $803,000.00; and
WHEREAS, via the same Resolution No. 2022-3378, the City Commission also approved
Change Order No. 3 for the installation of remaining decorative streetlighting, including poles,
luminaries, foundations, and electrical equipment, as well as providing as -built documentation
for the final streetlighting and miscellaneous utility conduit installation, in an amount not to
exceed $152,735.63; and
WHEREAS, it has been determined that the storm drainage within Golden Shores
requires improvement along 189th Street, and at the intersection of 185th Street and Atlantic
Boulevard, including the addition of new catch basins, manholes and drainage piping; and
@BCL@F40B1126.doc Page 1 of 3
WHEREAS, because the Contractor is currently performing the utility undergrounding in
the aforementioned area, the Contractor is best suited to perform the additional storm
drainage work, as it is fully aware of the complications involved with logistics, traffic control and
the unique local conditions, thereby resulting in the minimization of disruptions or
inconveniences to the residents of Golden Shores; and
WHEREAS, pursuant to Section 62-13(C) of the City's Purchasing Code, purchases made
under state general service administration contracts, federal, county or other governmental
contracts or competitive bids with other governmental agencies, are exempt from the
competitive bidding requirements set forth in Chapter 62; and
WHEREAS, the Contractor has submitted Change Order No. 4 for addition of new catch
basins, manholes and drainage piping, in an amount not to exceed $304,802.32, utilizing pricing
from the FDOT - Miscellaneous Drainage Improvement Contract (E61_97); and
WHEREAS, the City Commission wishes to approve Change Order No. 4 to the
Agreement with The Stout Group, Inc. for the Construction of the Golden Shores Utility
Undergrounding Project, in an amount not to exceed Three Hundred Four Thousand Eight
Hundred Two Dollars and Fifty -Two Cents ($304,802.52), bringing the total contract amount not
to exceed Seven Million Two Hundred Fifty -Four Thousand One Hundred Sixty -Six Dollars and
Thirty -Two Cents ($7,254,166.32), 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 Change Order No. 4. The City Commission hereby approves Change
Order No. 4 to the Agreement with The Stout Group, Inc. for the Construction of the Golden
Shores Utility Undergrounding Project, in an amount not to exceed Three Hundred Four
Thousand Eight Hundred Two Dollars and Fifty -Two Cents ($304,802.52), bringing the total
contract amount not to exceed Seven Million Two Hundred Fifty -Four Thousand One Hundred
Sixty -Six Dollars and Thirty -Two Cents ($7,254,166.32), 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 shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of October 2022.
Dana Robin Goldman, Mayor
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BERMELLO AJAMIL & PARTNERS, LLC – FIRST AMENDMENT Page 1 of 7
FIRST AMENDMENT TO THE CONTINUING SERVICES AGREEMENT
BETWEEN THE CITY OF SUNNY ISLES BEACH AND
BERMELLO AJAMIL & PARTNERS, LLC
THIS FIRST AMENDMENT TO THE CONTINUING SERVICES AGREEMENT
between the CITY OF SUNNY ISLES BEACH (hereinafter “City”) and BERMELLO
AJAMIL & PARTNERS, LLC, whose Federal Employer Identification (FEI) No. is 59-1722486
(hereinafter “Consultant”), executed this ____ day of October 2025, is made a part of the original
Continuing Services Agreement between the City and Consultant, dated February 16, 2023,
(hereinafter “the Agreement”), attached collectively hereto as Exhibit “1.” The City and
Consultant hereby agree as follows:
1. OPTION TO RENEW. Effective February 16, 2026, the City hereby elects to exercise
its option to renew the Agreement for one (1) year, as set forth in Section 4.1 of the Agreement.
There is one remaining one (1) year renewal.
2. AMENDMENT TO EXHIBIT 2 – FEE SCHEDULE. Exhibit “2” attached to the
Agreement is hereby substituted with the updated Fee Schedule attached hereto as Exhibit “2.”
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties dated February 16, 2023,
as amended, shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained 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 Exhibits “1” and “2.”
5. 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
engaged in the boycott of Israel. Consultants 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. Consultants must submit the certification that is attached to this agreement as
Exhibit “3.” Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Consultant of the City’s determination concerning the
false certification. The Consultant shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Consultant does not
demonstrate that the City’s determination of false certification was made in error, then the City
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
BERMELLO AJAMIL & PARTNERS, LLC – FIRST AMENDMENT Page 2 of 7
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
6. 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. Consultant must submit the affidavit that is attached to this agreement as Exhibit
“4,” signed by an officer or an authorized representative of the Consultant, under penalty of
perjury, attesting that Consultant 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.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date mentioned above.
BERMELLO AJAMIL & PARTNERS,
LLC
BY: _______________________________
Luis Ajamil, Manager and
Authorized Agent
STATE OF FLORIDA:
COUNTY OF _______________:
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this ____ day of October 2025, by Luis Ajamil, as Manager and Authorized
Agent of Bermello Ajamil & Partners, LLC.
_____________________________
(SEAL) Notary Public, State of Florida
(Signature of Notary Public)
_____________________________
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known ___ or Produced Identification ___
Type of Identification Produced: _________________
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
BERMELLO AJAMIL & PARTNERS, LLC – FIRST AMENDMENT Page 3 of 7
ATTEST: CITY OF SUNNY ISLES BEACH
BY: _____________________________ BY: ________________________________
Mauricio Betancur Larisa Svechin, Mayor
CMC City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ______________________________
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
BERMELLO AJAMIL & PARTNERS, LLC – FIRST AMENDMENT Page 4 of 7
EXHIBIT 1
PREPARED 10-03-2025
2025 - Bermello Ajamil & Partners Inc. Billing Rates
CATEGORY BILLING RATE
Principal $392.00
Project Manager $275.00
Sr. Landscape Architect $225.00
Sr. Planner $225.00
Landscape Architect $175.00
Senior Planner $250.00
Landscape Designer $150.00
Sr. Cad Technician $150.00
Clerical $120.00
Rates effective to October 1, 2025
Planner $170.00
Senior Project Manager $307.00
ATTEST:
Mau
Moved by:
APPROVED AS TO FORM
AND LEGAL SUFF NCY:
ncu , CMC, City Clerk Edward A. Dion, City Attorney
Seconded by:
Vote: s
Mayor Goldman al (Yes) (No)
Vice Mayor Viscarra(Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
@BCL@F40B1126.doc Page 3 of 3
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C,Tr OF SUN na0
CITY OF CONTRACT
SUNNY ISLES BEACH Change Order
Change Order Number: 4 DATE: September 30,2022
PROJECT:
ITB NUMBER: 21-08-01 Utility Undergrounding
For
RESOLUTION NUMBER: 2021-3279 Golden Shores
ORIGINAL DOLLAR CONTRACT AMOUNT:
$5,858,477.58
NET TOTAL DOLLAR VALUE OF ALL PREVIOUS CHANGE ORDERS:
$1,090,885.93
CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER:
$6,949,363.51
DOLLAR AMOUNT OF THIS CHANGE ORDER:
$ 304,802.52
NEW DOLLAR CONTRACT AMOUNT:
$7,254,166.03
ORIGINAL CONTRACT COMPLETION DATE
July 19 2023
TOTAL OF PREVIOUS CHANGE ORDER DAYS:
0
AMOUNT OF DAYS PER THIS CHANGE ORDER:
0
NEW CONTRACT COMPLETION DATE:
July 19,2023
DESCRIPTION OF SCOPE OR WORK CHANGES:
Golden Shores storm drainage requires improvement along 1891 St. and at the intersection of 1851' St and Atlantic with the
addition of new catch basins, manholes and drainage piping. As described on engineered documents provided by Craven
Thompson Associates. This work will be accomplished in conjunction with the utility undergrounding conversion in Golden
Shores
NOTE: Unless specifically stated clearly elsewhere on this page, this contract amendment does NOT include an
extension of time or grant any additional general conditions amounts, The City and the Contractor agree that the
contract time adjustment and sum agreed to in this document constitute a full and complete settlement of the
matters set forth herein, including all direct and indirect costs for equipment, manpower, materials, overhead, profit
and delav relating to the Issues set forth In this document.
The Stout Group
h6wel J
CONTRACTOR
Edward A. Dion
CITY ATTORNEY:
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HPF Associates, Inc
PROJECT MANAGER:
City of Sunny Isles Beach--]
CITY MANAGER:
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C,rr QF SWci h�V
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: Susan Simpson, Deputy City Manager
DATE: October 20, 2022
RE: Approving Change Order No.4 to the Agreement with The Stout Group fo
the Golden Shores Utility Undergrounding Project
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Change Order No. 4 increases the overall contract amount by $304,802.52 for providing material and
labor to enhance the storm drainage system in the Golden Shores neighborhood.
Due to the fact that the Stout Group, a multidiscipline utility contractor, is currently performing the
utility undergrounding conversion in GS and given the necessary upgrades to the storm system by
adding and improving the present system along 189th St and at the intersection of 185th and Atlantic,
it is therefore recommended they be awarded this scope of work. Stout is fully aware of the
complications involved with logistics, traffic control and all aspects of undergrounding activities to
minimize disruptions or inconveniences to the residents of GS. This additional work effort will be in
conjunction with the current undergrounding and will not require any additional contract time for
execution.
FUNDING SOURCE:
Funds have been appropriated in account no.
ATTACHMENTS:
Resolution
Change Order No. 4
Item Number: 10.N
Item Number: 10.N