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HomeMy WebLinkAboutReso 2009-1388 RESOLUTION NO. 2009- m~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO AGREEMENT WITH B & G FENCES, CORP., TO PROVIDE FURNISHING AND THE INST ALLA TION OF FENCING FOR THE PARKING AREA OF AVILA NORTH, IN AN AMOUNT NOT TO EXCEED TWENTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($29,500.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 19, 2008, via Resolution No. 2008-1283, the City Commission approved an agreement with B & G Fences, Corp. to provide and install 1,200 linear feet of fencing in the medians on Collins Avenue, in the amount of Ninety Thousand Four Hundred Dollars ($90,400.00); and WHEREAS, on September 18, 2008, via Resolution No. 2008-1318, the City Commission approved the First Amendment to Agreement with B & G Fences, Corp. to continue the fabrication and installation of an additional 4,800 linear feet of median fencing on Collins Avenue and complete the work in a timely manner, in the amount of Two Hundred Forty Thousand Dollars ($240,000.00); and WHEREAS, the City now desires to provide and install fencing around the parking area of Avila North recently purchased by the City; and WHEREAS, B & G Fences, Corp. expressed its ability and desire to provide these services, and provided a proposal in the amount of Twenty-Nine Thousand Five Hundred Dollars ($29,500.00), bringing the total amount of the Agreement to Three Hundred Fifty-Nine Thousand Nine Hundred Dollars ($359,900.00); and WHEREAS, the City wishes to amend its Agreement with B & G Fences, Corp., to provide and install fencing to the parking area of Avila North, based on a unit price basis and in an amount not to exceed Twenty-Nine Thousand Five Hundred Dollars ($29,500.00), 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 to Agreement. The Second Amendment to Agreement with B & G Fencing, Corp., in the amount of Twenty-Nine Thousand Five Hundred Dollars ($29,500.00), to provide and install fencing to the parking area of A vila North, attached hereto as Exhibit "A," be, and the same, is hereby approved. R2009- B&G Fencing 2nd Amd to Agmt Fencing Avila North Pkg Area Page I af2 . Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. 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 19th day of February 2009. ATTEST: ~~d4~ Norman s. Edelcup, Mayor / / .~AL Jane A. Hines, CMC, City Clerk Moved by: V \ ~ 't"Y\4 1",,0"" ~'AL C( ~ (' .nVY\~ B'R..~:z.~ tJ Seconded by: Vote: S-o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) v (Yes) t./ (Yes) V (Yes) V (Yes) _(No) _(No) _(No) _(No) _(No) R2009- B&G Fencing 2nd Amd to Agmt Fencing A vila North Pkg Area Page 2 of2 t SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND B & G FENCES. CORP .CONTRACT NO. C0809-036 THIS SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND B & G FENCES, CORP. executed this _ day of , 2009, is hereby attached to and is made a part of said B & G FENCES, CORP. Contract No. 0708-071 by and between the City of Sunny Isles Beach ("City") and B & G FENCES, INC., ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is 07B500448. The City and Contractor hereby agree as follows: 1. ADDITIONAL SCOPE OF WORK: The City desires to enter into this Second Amendment to the City's Agreement with Contractor to construct aluminum picket median fencing on 175th Terrace, as more fully described in Attachment "A", attached hereto and incorporated herein by reference. 2. COST: The Contractor agrees to charge the City a total amount not to exceed Twenty- Nine Thousand Five Hundred Dollars ($29,500.00) for the additional scope of work. 3. TERM: The services to be rendered by the Contractor shall commence upon execution of this Second Amendment and shall be completed within the time specified in the original Agreement between the parties. 4. INCORPORA TION OF TERMS AND CONDITIONS: Except as expressly amended or modified herein, all of the terms and conditions of the original Agreement between the Parties, Contract No. 0708 - 071, approved by the City Commission on June 19, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESSES: B & G FENCES, CORP. Signature Print Name BY: Rigoberto Ruiz WITNESSES: Signature Print Name Exhibit "A" C0809-036 B & G Fences Corp. - Second Amendment BY: Jane A. Hines, CMC, City Clerk ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: C0809-036 B & G Fences Corp. - Second Amendment B ~ G- Fences~ Corp 10936 SW 188 ST - MIAMI, FL 33157 PHONE: (786) 256-9125 FAX: (305) 256-6972 BGJENCES@HOTMAIL.COM - WWW.8GFENCES.COM LiCENSE NUMBER: 07BS00448 s.fCP f ~6 ~ . ~S ESTIMA TE DATE: DECEMBER 22, 2008 CUSTOMER NAME: CITY OFSUNNY ISLES BEACH CUSTOMER ADDRESS: PH: (305) 792-1700 FAxIE-MAIL: JVERA@SIBFL.NET I () JOB DESCRIPTION UNIT UNIT PRICE TOTAL Aluminum Picket Fence (6 Ft Height) 580 Ft $ 50.00 $ 29,000.00 Aluminum Gate . 10 Ft $ 50.00 $ 500.00 Total $ 29,500.00 -' Materials to be used: Pickets lxlx.062;Posts 2 1f2 x 2 1f2 x .093; Rails 2xlx.093 First Deposit: / ~~ Final Payment: CS--=i_ J- L L ,Is/Of. B& Terms: Estimate is good for 30 days. 50% deposit required upon acceptance of proposal. Remaining 50%, due upon commencement of installation. Additions/Deletions/Modifications in work to be performed may alter estimated cost. Deposit is non refundable once manufacturing commences, permit is in process or purchase of materials whichever is first. If Deposit is to be refunded it will be subject to deduction of all costs incurred in the process of performing job related operations including but not limited to; permit procedures, site visits, materials cost, and $250 administrative fee. ($.50 per mile of travel) Signing of this estimate shall be interpreted as an agreement between customer and B & G Fences and binds both parties. Customer signature authorizes B & G Fences to proceed with work. And guarantees payment of work stated in estimate. In case of customer refusing to pay any portion of above agreed amounts and legal representation is to be sought out by B & G Fences, customer shall be responsible to pay such fees in addition to remaining balance. v-- ATTACHMENT "A" I Q I o~ a: C ,. ~~~ I ~ I . ~~~~ -- I- ~ ~~a IlLJ ~ f- A. 15 lD --I ;:0. (.) ~ l&.I~t) :::> ~ < ~~~!/2 ~ / ~ ~ ~~;I 0 ~ ~ / ~~ ;:= I~ ~ ~ 2 ~~ / 1:5 ~- ~ ~ l&.Il&.I ~z ...:J9 a)-~ ~~~ F15i3 t) lD ~~~ I Q.ii:~ >->- !!;/ III EXHIBIT IIAII I 0)/ ---'I ~I 01 -'I CD I -1____ o >-.n o <[ID g ~~~ 175TH TERRACE LOT 6 LOT 7 '---- SOUTH RIGHT OF WAY UNE OF 175TH TERRACE N90.00'OO"W LOT 4 PLAT BOOK 10 PAGE 64 o o d .., - ~I-<[ o (.') -< 0- o -...J d ""0- 170.29' '" " o d ~ SUNNY ISLES SHORES SECTION "B- PLAT BOOK 8S PAGE 47 I " S90.00~0 . ~ / : "'170.29' : SOUlH UNE OF TRACT "D" o , GRAPHIC SCALE 30 60 ~ , ( IN FEET ) 1 inch '"' 60 ft. 120 I (PUBLIC RIGHT OF WAY) FORTIN, LEAVY, SKILES, INC. DRAWING #288-137 I.U l: ~- 0 -~ co p EASTERLY UNE Of TRACT '0. I I / I I I I -1 Q cr:;:- ~~ LUff --10 ::;:)~ 052 QJ~ 2~ U5?- og o ---.... ) ~ '7lLJ ~:::> 2 I Q ~ C5~ /crcn ;::: / I.U ::; 1----1 / ~ 8 I ::2r Drawn By MAP ( SKETCH OF DESCRIPTION I Dati: 12/11/06 Cad. No. 062.316 FORTIN, LEAVY, SKILES, SCBle 1 "=60' Rei Dwg. INC. 2001-1.34 CONSULTING ENGINEERS, SURVEYORS & MAPPERS lob. No. 062.316 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1006-2.36 180 Northeast 168th Street I North Miami Beach, Florida 33162 Plo/tod: 9/20/07 10: 130 Phone 305-653-4493 I Fax 305-651-7152 I Email fls@flssurvey.com Sheet 2 of 3 LOT 4 PLAT BOOK 10 PAGE 64 o z ----- '"-POINT OF BEGINNING S.E. CORNER OF TRACT "0" Q FORTIN, LEAVY, SKILES, INC. DRAWING #288-137 - EXHIBIT "A" LEGAL DESCRIPTION: A portion of Tract "0", SUNNY ISLES SHORES SECTION "B", according to the plot thereof, as recorded in Plot Book S5 at Page 47 of the Public Records of Miami-Dade County, Florida, and being more particularly described os follows: Begin at the Southeast corner of said Tract "0"; thence N OS'OS'20" E along the Easterly line of said Tract "0" for 120.S9 feet to 0 point on the South right of way line of 175th Terrace; thence N 90'00'00" W along said South right of way line of 175th Terrace, also being along the exterior line of said Tract "0" for 170.29 feet; thence S 06'06'20" W along the Southerly projection of the Westerly right of way line of Atlantic Boulevard as shown on said plat of "SUNNY ISLES SHORES SECTION "B" for 120.69 feet to a point on the South line of said Tract "0"; thence S 90'00'00" E along said South line of Tract olD" for 170.29 feet to the Point of Beginning. SURVEYOR'S NOTES: - This site lies in Section 11, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami-Dade County, Florida. Bearings hereon are referred to an assumed value of NOS'06'20"E for the centerline of Atlantic Boulevard. - lands shown hereon were not abstracted for easements and/or rights-of-way of records. - This is not 0 "Boundary Survey" but only a graphic depiction of the description shown hereon. lands shown hereon containing 20.435 square feet, or 0.469 acres, more or less. ~imensions shown hereon ore bosed on Fortin, leavy, Skiles, sketch #2001-134. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on December 11, 2006, and meets the Minimum Technical Standards os set forth by the Florida Boord of Professional Surveyors and Mappers in Chapter 61G17-6. Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without Ihe signa lure and the original raised seal 01 a Rorida license rveyor and Mapper" By: Drawn By Cad. No. MAP 062.316 2001-1.34 ( LEGAL DESCRIPTION, NOTES, AND CERTIFICA TION I FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th Street I North MilUDi Beach. Florida 33162 Dati: 1 2/11/06 Scale NOT TO SCALE Job. No. 06231 6 Dwg. No. 1006-236 Ref. Dwg. P/nttM: o /?n /n7 1n.1'~ ~h~ nF ~ To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler" Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 792-1565 Fax (305) 947-2150 Building Department Rick Conner, Acting City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM Honorable Mayor and City Commission Rick Conner, Acting City Manager Jorge L. Vera, Assistant City Manager/ Service Division February 19,2009 Avila North Fencing RECOMMENDATION It is recommended that the City Commission approve the attached Resolution to amend the agreement with B & G Fences Corp. to furnish the fence and labor for the perimeter around the Avila North City Parking area, in an amount not to exceed $29,500.00. REASONS The City recently purchased a parcel of land belonging to the A vila North Condominium for the purpose of a parking lot. The City is now in the process of securing, resurfacing and landscaping the area. First order of business is to remove the existing chain link fence and replace it with a 6-foot high picket fence with entry gates. Once that is done the City will resurface the parking area and landscape the area. In order to move forward and complete the job in an expeditious matter, we are amending the contract with B&G Fences. B&G has other projects for the City and they have been on time and in budget. Funds are budgeted in 10-540-5464. Funding available: \ D N\ i\ppro\'al: Agenda [tern No,: Commission Meeting Date: ~ Finance Department City t-Ianager City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner Acting City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk March 2, 2009 Rigoberto Ruiz B & G Fences, Corp. 10936 S.W. 188th Street Miami, Florida 33157 Re: 2nd Amendment to Collins Avenue Median Fencing Agreement Dear Mr. Ruiz: At its regular meeting of February 19,2009, the City Commission adopted Resolution No. 2008-1388, which approved the 2nd Amendment to Collins Avenue Median Fencing Agreement with B & G Fences, Corp. Enclosed are two (2) originals for witnessing and execution by your firm. Upon completion, please return the originals and any and all insurances and/or bonds required by said Agreement to me. A fully-executed original Agreement and a copy of the approving resolution will be mailed to you once processing has been completed. Thank you. ~ truly.yours, ~~IQQ~~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Shaun Gelvez, Admin. Assist. to Dept. Head/Public Works (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax B & G Fences Median Fencing Agrmt 2nd Amendment For Sig Ltr