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HomeMy WebLinkAboutReso 2009-1389 RESOLUTION NO. 2009 - I 3<B q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO AGREEMENT WITH SOUTHEASTERN ENGINEERING CONTRACTORS, INC. TO CONSTRUCT A NEW RETAINING WALL AT OCEANIA PARK, IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND FOUR HUNDRED NINETY-FOUR DOLLARS AND FORTY-NINE CENTS ($4,494.49), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City desires to construct a new retaining wall at Oceania Park for the safety and welfare of its citizens; and WHEREAS, on November 18,2008 the City Commission, via Resolution No. 2008-1345, entered into an Agreement with Southeastern Engineering Contractors, Inc. to construct a new retaining wall at Oceania Park, in an amount not to exceed Eighty Thousand Sixty-Two Dollars and Ninety-Six Cents ($80,062.96); and WHEREAS, the City now wishes to amend that agreement due to a change order to the Scope of Work for the construction of the wall at Oceania Park; and WHEREAS, Southeastern Engineering Contractors, Inc. has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to approve a First Amendment to Agreement with Southeastern Engineering Contractors, Inc. to provide these additional services to construct a new retaining wall at Oceania Park, in an amount not to exceed Four Thousand Four Hundred Ninety-Four Dollars and Forty-Nine Cents ($4,494.49), attached hereto as Exhibit "A", bringing the total contract amount to date to Eighty-Four Thousand Five Hundred Fifty-Seven Dollars and Forty-Five Cents ($84,557.45). 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 to Agreement. The City Commission hereby approves the First Amendment to Agreement with Southeastern Engineering Contractors, Inc. to construct a new retaining wall at Oceania Park, in an amount not to exceed Four Thousand Four Hundred Ninety-Four Dollars and Forty-Nine Cents ($4,494.49), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said First Amendment to Agreement. R2009- Southeastern 1st Amd to Agmt for Retaining Wall Oceania Pk Page 1 of2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of February 2009. ATTEST: ~A~ Jane A. Hines, CMC, City Clerk Moved by: V\Q ~ I\"W...~ ~~ 0('X)~rMKJ Seconded by: Vote: S-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Y es) ---!.L(Y es) V(Y es) -L(Y es) ---1.L-(Y es) _(No) _(No) _(No) _(No) _(No) R2009- Southeastern 1st Amd to Agmt for Retaining Wall Oceania Pk Page 2 01'2 FIRST AMENDMENT TO CITY OF SUNNY ISLES BEACH ' -" AND SOUTHEASTERN ENGINEERING CONTRACTORS INC. OCEANIA PARK RETAINING WALL AGREEMENT CONTRACT NO. C0809-037 THIS FIRST AMENDMENT TO THE SOUTHEASTERN ENGINEERING CONTRACTORS INC. AGREEMENT, executed this r day of ftft. , 2009, is hereby attached to and is made a part of said Southeastern Engineering Contractors, Inc. Agreement Contract No. C0708-044 by and between the City of Sunny Isles Beach ("City") and Southeastern Engineering Contractors, Inc. ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is . The City and Contractor hereby agree as follows: 1. ADDITIONAL SCOPE OF WORK: The City wishes to add to the original Agreement with Contractor to construct the new retaining wall at Oceania Park, as more fully described in Attachment 2. COST: The Contractor agrees to charge an amount not to exceed Four Thousand Four Hundred Ninety-Four Dollars and Forty-Nine Cents ($4,494.49) for said services. 3. TERM: The term of this First Amendment shall begin upon the execution date of this First Amendment and shall end no later than March 31, 2009. 4. 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. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESSES: SOUTHEASTERN ENGINEERING CONTRACTORS, Inc. //:: .. re (AO A to Lid ,A (N G V e'L BY. / ✓�/L�/ � . Print Name Eduardo Domingue • WITNESSES: L t • Alt -e Loe vr- t CO Print Name e. 1 C0809-037 Southeastern Engineering Contractors First Amendment Agreement } • ATTEST: CITY OF SUNNY ISLES BEACH •BY: BY: , iaaL/�✓// Jane A. Hines, CMC, City Clerk N•rman S. Edelcup, ayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY _./l 1rn& mot, City Attorney • 2 S1 � C0809-037 Southeastern Engineering Contractors First Amendment Agreement l SUNNY /Sic, J OF .t Otp `--,' > = CITY OF CHANGE sE D >oP �' SUNNY ISLES BEACH ORDER FLOR C,Ty OF sun �O CHANGE ORDER NUMBER: One DATE: January 12, 2009 PROJECT: BID NUMBER: N/A Oceania Park Retaining Wall RESOLUTION NUMBER: 2008-1345 ORIGINAL DOLLAR CONTRACT AMOUNT: I $80,062.96 -- TOTAL DOLLARS OF PREVIOUS CHANGE ORDERS: $0.00 DOLLAR AMOUNT OF THIS CHANGE ORDER: $4,494.49 NEW DOLLAR CONTRACT AMOUNT: I $84,557.45 ORIGINAL CONTACT COMPLETION DATE March 31, 2009 TOTAL OF PREVIOUS CHANGE ORDER DAYS: 0 AMOUNT OF DAYS PER THIS CHANGE ORDER: 0 NEW CONTRACT COMPLETION DATE: March 31, 2009 DESCRIPTION OF SCOPE OR WORK CHANGES: • Installation of electrical PVC conduit: $ 350.00 • Concrete delivered to site and cancelled due to permitting issue: $2,535.90 • Extra reinforcing steel requested by the Building Dept.: $1,200.00 SEC 10% Markup: $ 408.59 Grand Total: $4,494.49 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 delay relating to the issues set forth in this document. Southeastern Engineering CONTRACTOR : Eddie Dominguez �4 i/i9/a 9 City Engineer PROJECT PROJECT MANAGER: Rick Conner e er, / ,4 ie.,09 Assistant City Manager CITY OFFICIAL: Jorge Vera ACORD CERTIFICATE OF LIABILITY INSURANCE oiisi2 0 PRODUCER (305)822-7800 FAX (305)822-1621 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Coll insworth, Al ter, Fowler, Dowl ing & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 9315 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC# INS.. -., Southeastern Engineering Contractors, Inc. INSURER A: Century Surety 12054 NW 98th Avenue INSURER B' Harleysville Mutual Insurance Hialeah Gardens, FL 33018 INSURER C: American Alternative Ins Corp INSURER D: Federal Insurance Company INSURERE: FCCI Commercial Insurance Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR •001. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS I TR NSRD DATE IM WDDIYI DATE IMM/DD/YY) GENERAL LIABILITY CCP583807 01/31/2009 01/31/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 5 50,000 PRPM ICLAIMS MADE X occurs BLANKET ADDT'L INSD MEDEXP(Any one person) $ 5,000 A BLANKET WAIVER OF SUBRO PERSONAL F.ADV INJURY 3 1,000,000 GENERAL AGGREGATE 5 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 3 2,000,000 —I POLICY I rl JE i n LOC AUTOMOBILE LIABIUTY BA00000079594B 01/31/2009 01/31/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) 3 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) B X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) COMP & COLL DEDUCTIBLES PROPERTY DAMAGE _ $1,000. EACH (Per dodder'`) - GARAGE LIABILITY AUTO ONLY-EA ACCIDENT _ ANY AUTO EA ACC S OTHER THAN AUTO ONLY: AGG S EXCESSIUMBRELLALIABILITY 62A2UB000071900 01/31/2009 01/31/2010 EACH OCCURRENCE _ 2,000,000 OCCUR CLAIMS MADE AGGREGATE 5 2,000,000 •C 5 DEDUCTIBLE _ X RETENTION 5 10,000 WORKERS COMPENSATION AND 001-WC09A-61443 03/02/2009 03/02/2010 X I TORSI TU-I X 1OFa 5 EMPLOYERS'LIABILITY E ANY PROPRIETOR/PARTNER/EXECUTNE E.L.EACH ACCIDENT 5 1,000,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE 5 1,000,000 I yes,describe wider SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT S 1,000,000 OTHER 664-21-90 01/31/2009 01/31/2010 Rented/Leased Eqpt $200,000. D Inland Marine Scheduled Eqpt $1,689,227. Ded. $1,000. per Occurrence DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 'City of Sunny Isles Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBUGATION OR LIABILITY 18070 Collins Avenue OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. Sunny Isles Beach, FL 33160 AUTHORIZED REPRESENTATIVE � / 9 /,J %} `✓ Michael Nielson/EDITH -VL,"`,',", IV rfV ACORD 25(2001108) ©ACORD CORPORATION 1988 To: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 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) 947-2150 Building Department (305) 949-3113 Fax Rick Conner, Acting City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable Mayor and City Commission Rick Conner, Acting City Manager(u February 19, 2009 Approval of the First Amendment to the Agreement with Southeastern Engineering Contractors RECOMMENDATION It is recommended that the City Commission approve the First Amendment to Agreement with Southeastern Engineering Contractors to increase the original amount of $80,062.96 to $84,557.45, an increase of $4,494.49. BACKGROUND The City entered into a contact with Southeastern Engineering Contractors to construct the Central Island Drainage Project. After receiving quotes from other companies, the Commission extended that contract to include the retaining wall at Oceania Park. The Contractor, in good faith, proceeded with the design as originally established at our insistence in an attempt to meet a January 1 deadline. Because of design questions raised by the Building Department at a pre-pour inspection, the work had to be postponed and the contractor experienced true out-of-pocket expenses. It is the staffs belief that these expenses should be initially bourn by the City, with the possibility of eventually recovering some of these costs. It should be remembered that this contractor was approximately $30,000 below the next lowest bid and has worked diligently to provide this product. REASONS Approving this amendment to the contract will allow us to properly pay this contractor for work ordered. ADDITIONAL INFORMATION Funding is currently available in Capital Accounts 20-600-5673. Funding available: \0 2-\Q-09_ Approval: Agenda Item No.: Finance Department City ,\[anager Cover Memo Amendment 1 Southeastern Engineering Commission Meeting Date: 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 Ottinol City Attorney Jane A. Hines City Clerk March 2, 2009 Eduardo Dominguez, President Southeastern Engineering Contractors, Inc. 12054 N. W. 98th Avenue Hialeah Gardens, Florida 33018 Re: 1st Amendment to Oceania Park Retaining Wall Agreement Dear Mr. Dominguez: At its regular meeting of February 19, 2009, the City Commission adopted Resolution No, 2009-1389, which approved the 1st Amendment to Oceania Park Retaining Wall Agreement with Southeastern Engineering Contractors, Inc. Enclosed are two (2) original agreements for execution and witnessing by your firm. Upon execution bv your firm. please return both orie:inal Ae:reements and any and all insurances and/or bonds required bv Ae:reement to the attention of Deputy City Clerk Priscilla Walker, An original, executed agreement and a copy of the approving resolution will be mailed to you once the Agreement has been completely processed. Thank you. <t -. ~ Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures cc: Shaun Gelvez, Admin. Assist. to Dept. Head/Public Works (w/o attachments) SoutheaSkm - Retaining Wall Agrmt 1st ..\rnenJrnenr for Sig Ltr