HomeMy WebLinkAboutReso 2025-3796RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH NUNEZ
CONSTRUCTION FOR THE INSTALLATION OF AN EMERGENCY GENERATOR AND
BUILDING RESTORATION AT GATEWAY COMMUNITY CENTER, IN AN AMOUNT
NOT TO EXCEED TWO HUNDRED TWELVE THOUSAND EIGHTY HUNDRED FOUR
DOLLARS AND SEVENTY-THREE CENTS ($212,804.73), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on June 201h, 2024, via Resolution No. 2024-3674, the City Commission of the
City of Sunny Isles Beach approved an Agreement with Nunez Construction (the "Contractor")
for the installation of an emergency generator and building restoration services at Gateway
Community Center (the "Project"), in an amount not to exceed $2,231,921.32; and
WHEREAS, the City has determined that additional structural buildup is needed to
maintain the structural integrity of the building, and which would require the services of a
special inspector to oversee these services (the "Additional Services"); and
WHEREAS, the Contractor has submitted a quote for the Additional Services; and
WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement
with the Contractor to provide the Additional Services, in an amount not to exceed Two
Hundred Twelve Thousand Eighty Hundred Four Dollars and Seventy -Three Cents ($212,804.73),
bringing the total contract amount not to exceed Two Hundred Two Million Four Hundred Forty -
Four Thousand Seven Hundred Twenty -Six Dollars and Five Cents ($2,444,726.05), 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 First Amendment. The City Commission hereby approve a First
Amendment to the Agreement with the Contractor to provide the Additional Services, in an
amount not to exceed Two Hundred Twelve Thousand Eighty Hundred Four Dollars and
Seventy -Three Cents ($212,804.73), bringing the total contract amount not to exceed Two
Hundred Two Million Four Hundred Forty -Four Thousand Seven Hundred Twenty -Six Dollars
and Five Cents ($2,444,726.05), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
@BCL@580C4214.Doc Prk Page 1 of 2 130
PASSED AND ADOPTED this 20th day of February, 20 5.
,, VT, %.A/V
Maurici Betancur, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: 1 , 5(;�j� Seconded by: V e (ter
Vote:
Mayor Svechin ,(Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph -(Yes) (No)
74
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@580C4214.Doc Prk
Page 2 of 2
131
of rem
is
r
y1 �yi�• FLO+'�p ''�'
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH ("City") and NUNEZ CONSTRUCTION, INC.yyhose Fede 1 kniployer
Identification (FEI) No. is 65-0428890 ('Contractor"), executed this day, day of Y 2025,
is made a part of the original Agreement between the City and the Contractor, dated July 2, 2024,
attached hereto as Attachment "A" and incorporated herein by reference. The City and Contractor
hereby agree as follows:
1. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 4.1.1
of the Agreement, entitled "Contract Price," to provide additional compensation in an amount not
to exceed Two Hundred Twelve Thousand Eight Hundred Four Dollars and Seventy -Three Cents
($212,804.73). The additional compensation provided herein will bring the total Agreement not to
exceed amount to Two Million Four Hundred Forty -Four Thousand Seven Hundred Twenty -Six
Dollars and Five Cents ($2,444,726.05).
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement, as amended, shall remain in full force and
effect.
3. 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 Attachment "A."
4. 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. 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.
NUNEZ CONSTRUCTION, INC. — FIRST AMENDMENT Page I of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
5. 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 "C," 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.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
STATE OF FLORIDA:
COUNTY OF MIAMI -DADS:
NUNEZ CONSTRUCTION, INC.
The foregoing instrument was acknowledged before me by means of P-ffiysical presence
�w
or 0 online notarization, this day, of F-ebmary, 2025, by Carlos Nunez, as the Director of
Nunez Construction, Inc. iA,%J C V -) " n h
s
Notary Public State of Florida
r.rS Ana Lozano Not of Florida
EA.
My Commission HH 411897Expires 611 812 0 2 7 (Signature o Notky Public)
(Print, Type, or Stamp
Commissioned Name of Notary
/ Public)
Personally Known V or Produced Identification
Type of Identification Produced:
NUNEZ CONSTRUCTION, INC. — FIRST AMENDMENT Page 2 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST:
Betancur,j CMC, City Clerk
Department Head
NUNEZ CONSTRUCTION, INC. — FIRST AMENDMENT
CITY OF SUNNY ISLES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
lain "EBoileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Page 3 of 6
134
REQUEST FOR CHANGE ORDER
NUI'M% EZ
C O N S T R U C T 1 0 N
Request for Change Order #: 2R
Reason for Request Owner Change
Amount $
1. General Requirements
Allowance Recon(
❑
Project: Gateway Park Stucco
Unforseen Condit
❑
Project Name Gateway Park Stucco
AHJ Requirement
❑
Project Address 151 Sunny Isles Blvd
Error & Ommissio
❑
Sunny Isles Beach, FL 33160
Field Condition
❑
To: (Contractor)
Nunez Construction, Inc.
6400 SW 62 Avenue
South Miami, Florida 33143
Additional Stucco and Leveling masonry walls.
Document that initiated change:
RFI#:
Submittal No.: NA
Drawing: NA
Other: NA
Support Document See Attached cost spreadsheet
Description of Change/ Detail
Amount $
1. General Requirements
$
13,310.00
2.0 Site Construction
$
150,215.00
2.01 Additional Removal of stucco and replaced at areas diagnosed with cracks and
delamination issues.
30,065.00
2.02Additional Repairs mansonry block (CMU) walls if needed using SIKA VOH.
Assuming 1500 sqf (50% of north and east walls)
75,000.00
2.03 Additional Conventional stucco over masonry surfaces may be applied with two or
three coats using SBF 700
37,050.00
2.04 Exterior Finishin control joints
8,100.00
Finishes. Paint exterior of the Building. Areas affected by new stucco only
$
13,200.00
Sub -total
$
176,725.00
Additional Bond 1.5%
$
2,650.88
Tax 7%
Included
OH/P/Ins(15%)
$
26,508.75
Total
$
205,884.63
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract
Time.
The original (Contract Sum) was
$
725,738.75
Net change by previously authorized Change Orders. - Payment and Performance Bond
$
6,920.10
The (Contract Sum) prior to this Change Order was
$
732,658.85
The (Contract Sum) will be (increased ) (decreased) (unchanged) by this Change Order
$
205,884.63
The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be
$
938,543.48
The Contract Time will be (increased) (decreased) (unchanged) by_( )Days
$
-
The Date of Substantial Completion as of the date of this Change Order therefore is
TBD
Architect Contractor Owner
Perkins & Will Nunez Construction, Inc. City of Sunny Isles Beach
Address Address Address
2199 Ponce de Leon 6400 SW 62nd Av. City of Sunny isles Beack
135
Coral Gables, FL 33134
W
South Miami, FI 33143
BYC
Date: January 212025
Florida
Nunez Construction Inc, 6400 SW 62nd Ava, South Miami, 33143 1305,774.9000
REQUEST FOR CHANGE ORDER
Request for Change Order 0:
Project: Gateway Park Stucco
Project Name Gateway Park Stucco
Project Address 151 Sunny Isles Blvd
Sunny Isles Beach, FL 33160
To: (Contractor)
Nunez Construction, Inc.
6400 SW 62 Avenue
South Miami, Florida 33143
NUFMEZ
$
C O N S T R U C T I O N
Bond 15%
Reason for Request Owner Change
89.10
Allowance Reconciliation
$
Unforseen Conditions
❑
AHJ Requirements
❑
Error & Ommission
❑
Field Condition
❑
Document that Initiated change:
RFI#:
Submittal No.: NA
Drawing: NA }
Other. NA
Support Document Special Inspections
Description of Change/ Detail Amount $
Special Inspector
DDA Engineers; Special Inspection of the Gateway Park Stucco Repair
Estimated: 66 hours (aa $90.00/hour
5,940.00
Subtotal
$
5,940.00
Bond 15%
$
89.10
OH/P 05%)
$
891.00
Total
$
6,92010
The Contract Time will be (Increased) (decreased) (unchanged) by _(3 )Days
The Date of Substantial Completion as of the date of this Change Order therefore is
Architect Contractor Owner
Nunez Construction, Inc.
Address Address Address
6400 SW 62nd Av.
South Miami, FI 33143
G
BY: By-
Qom►- .s By:
Date: Date:
Nunez Gonstructiondnc, 6400SW,62hdAve, South M(ami}331431305;774.9000
�y� "'Ps?far yet
fTr of suA r�
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: February 20, 2025
RE: Approval of a First Amendment to the Agreement with Nunez Construction,
Inc. forthe Building Restoration for Gateway Park Center
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
During the removal of the cracked and loose stucco areas it was discovered that there was up to 2" of
stucco build up in the areas being repaired. This would require additional structural buildup as part of
the repair and raised concerns as to future stucco failures. To resolve this issue we will be removing all
the stucco and build up on the East and North walls and redoing with a stucco finish. We also will need a
special inspector to oversee these services.
City staff requests the Commission approve additional services for building restoration to be performed
by Nunez Construction in the amount of $212,804.73.
ADDITIONAL INFORMATION:
Copies of the complete contract file, including all exhibits and attachments, are on file with the Office of
the City Clerk and are available upon request.
FUNDING SOURCE:
Funds have been appropriated in Account No. 001-5-5391-446003-15000.
ATTACHMENTS:
Resolution
Item Number: 9.E
128
First Amendment
Item Number: 9.E
129