Loading...
HomeMy WebLinkAboutReso 2008-1304 RESOLUTION NO. 2008- l3D4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SANTAMARIA TRUCKING, INC., FOR THE CONSTRUCTION OF THE NECESSARY DRAINAGE AND RELATED SERVICES ON SUNNY ISLES BOULEVARD, IN THE AMOUNT NOT TO EXCEED EIGHTY-NINE THOUSAND TWO HUNDRED FIFTY DOLLARS ($89,250.00); AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the original design of the Sunny Isles Boulevard Project was completed several years ago and did not address the drainage on the north side of the eastbound lanes; and WHEREAS, the City of Sunny Isles Beach is in need of a contractor to construct the necessary drainage north of the right-of-way between the newly placed brick paver sidewalk and storefronts on Sunny Isles Boulevard; and WHEREAS, the City Manager has recommended that the work be done in an expedient fashion because of potential flooding in the area; and WHEREAS, Section 62-12 of the City Code provides in relevant part that the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, including insufficient time or other factors; and WHEREAS, the City Commission hereby authorizes the waiver of competitive bidding procedures, as it is in the best interest of the City; and WHEREAS, Santamaria Trucking, Inc. has agreed to undertake this project and has submitted a proposal for said services; and WHEREAS, the City Commission wishes to enter into an agreement with Santamaria Trucking, Inc. to perform the desired services, in an amount not to exceed Eighty-Nine Thousand Two Hundred Fifty Dollars ($89,250.00), 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 Agreement. The Agreement with Santamaria Trucking, Inc., to provide services for the construction of the necessary drainage and related services on Sunny Isles Boulevard, in the amount not to exceed Eighty-Nine Thousand Two Hundred Fifty Dollars ($89,250.00), attached hereto as Exhibit "A", be and the same, is hereby approved. R2008- Santamaria Trucking Sunny Islcs Blvd Page I of 2 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 the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 ih day of July 2008. ATTEST: 7) j 4;ila ~A~ Jane A. Hines, CMC, City Clerk Approved As to Form and Legal Sufficiency: /~'V ~.. A J.. 1~. f1):A. Hans Ottinot, Cit~ Moved by: ~ \ Ul.. VX\OJ..jfY'ilif\Lt..Q. Seconded by: c.nVV\~ ~c.\4() LL Vote: t,;-O Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -1L...(Yes) ~(Yes) ~(Yes) VJYes) ~(Yes) _(No) _(No) _(No) (No) _(No) R2008- Santamaria Trucking Sunny Islcs Blvd Page 2 0 r 2 CITY OF SUNNY ISLES BEACH AGREEMENT WITH SANTAMARIA TRUCKING INC. CONTRACT NO: C0708-077 TH~ ~ONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in U:f~l~ this '''~day of ::::ru \'/. ' 2008, by and between the CITY OF SUNNY ISLES BEACH, Floriaa, (hereinafter referred to as "City"), and SANTAMARIA TRUCKING INC. (hereinafter referred to as "Contractor") whose Federall.D. # is RECIT ALS WHEREAS, the City is in need of a contractor to construct the necessary drainage north of the right-of-way between the newly placed brick paver sidewalk and storefronts on Sunny Isles Boulevard, as more fully described in Attachment "A"; and WHEREAS, Contractor has expressed the ability and desire to provide these Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services, in the amount of Eighty-nine Thousand Two Hundred Fifty Dollars ($89,250.00). NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. C0708-0n SANTAMARIA TRUCKING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall continue until completion of work, with an expected completion date in the Fall of 2008. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. COMPENSA TION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", which fees shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availabilitv of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor 2 C0708-0n SANTAMARIA TRUCKING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. o Worker's Compensation, as required by law, but with no less than One Million Dollars ($1,000,000.00) for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident 3 C0708-077 SANTAMARIA TRUCKING INC. AGREEMENT City of Sunny Is/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident for property damage. o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Five Million Dollars ($5,000,000.00). Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINA TION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. No other damages, whether for lost profits or any resulting or consequential damages, other that the amounts provided for herein shall be due or payable to contractor in the event of termination. 4 C0708-077 SANTAMARIA TRUCKING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set -off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 9 A(i) and A(ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1 O. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such prOVISIons. 5 C0708-077 SANTAMARIA TRUCKING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: A. John Szerlag, City Manager With a copy to: City of Sunny Isles Beach Hans Ottinot, City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: William Santamaria, President Santamaria Trucking Inc. Paving and Drainage Contractors 18370 SW 21ih Street Miami, Florida 33187 Tel: (305) 227-3901 Facsimile :(305) 378-6440 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor 6 C0708-0n SANTAMARIA TRUCKING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax other forms of compensation, and selection for trmnmg, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, or delegate to the Congress of the United States, any share or part of this contract or to any benefit arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 19. INDEMNIFICA TION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against any claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional 7 C0708-077 SANTAMARIA TRUCKING INC. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. The Contractor hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon ten days (10) days written notice to Contractor. 22. MISCELLANEOUS. A. In the event any proVIsIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 8 C0708-077 SANTAMARIA TRUCKING INC. AGREEMENT , City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. SANTAMARIA TRUCKING, INC. PAVING AND DRAINAGE CONTRACTORS BY: Wi liam Santamaria, President WITNESSES: ~~~ Signature th,j.. r LIAP,i ?fint Name .. ATTEST: BY '-- ~~ ItE. ~ Jane A. Hines, CM , CIty Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:~~.... ~H.:rr-~ ""-Hans Ottinot, City AttorneY 9 C0708-0n SANTAMARIA TRUCKING INC. AGREEMENT Proposal Phone Fax Santamaria Trucking Inc. Paving and Drainage Contractors 18370 SW 212th Street Miami, FL 33187 (305) 227.3901 Phone (305) 378.6440 Fax (305) 227.3901 (305) 378-6640 June 10, 2008 Project Name: Drainage Improvements Sunny Isles Blvd 151-185 Sunny Isles Blvd RK Property Only Client: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach FL 33160 Proposed Work: 1. Remove existing brick pavers. 2. Install new Polydrain system per plan adjacent to existing City Sidewalk. 3. Provide new landscaping and irrigation per plan dated 4/14/08 by Marlin Engineering. 4. Install two ADA Handicapped ramps for accessibility on East and West side of property. There will be no railings. 5. Install new brick paver walkway to replace prior pavers that were removed. 6. This proposal is for work at the RK Shopping Center only located at 151- 185 Sunny Isles Blvd. Proposed Costs: $89,250.00 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 792-1773 Engineering Department (305) 792-1614 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: Honorable Mayor and City Commission VIA: John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager Rick Conner, Director of Public Works DATE: July 17,2008 REGARDING: Approval of Agreement with Santamaria Trucking to expand the original scope of work on the Sunny Isles Boulevard Project, in an amount not to exceed $89,250. RECOMMENDATION It is recommended that the City Commission consider the attached resolution approving an agreement with Santamaria Trucking, in the amount of Eighty-Nine Thousand Two Hundred Fifty Dollars ($89,250.00), for the construction of the necessary drainage north of the right-of-way line (between the newly placed brick paver sidewalk and the storefronts). REASONS The original design of the Sunny Isles Boulevard Project was completed several years ago and it did not in any way address the drainage on the north side of the eastbound lanes (behind the right-of-way). Since beginning the project, it has become very obvious that the City needs to address this issue. This expanded scope of work will put additional (functional) landscaping behind the newly placed brick paver sidewalk and include underground drainage over much of the area. This will allow the water that is now caught between the storefronts and the sidewalk to be quickly removed and not forced into the storefronts. ADDITIONAL INFORMATION We have been working with the property owners to assure that they are in agreement with the proposed plan. Removal of the blockage and replacement of the drainage system needs to be accomplished in an expedient fashion because of the potential of flooding, especially since we are in the middle of the rainy season. As such, this recommendation includes circumventing the normal bidding based selection procedure and going directly with Santamaria Trucking, having obtained three quotes of which this is the lowest. A preliminary plan was created of which this was not originally a part. We will acquire the necessary easements. The total cost of the expanded scope of work is estimated to be less than $90,000. There will be no operation and maintenance costs. The expected time for completion of the design is fall of 2008. This agreement will require a budget amendment for Capital Account 20-600-5622. APPro"'I'~ anager Agenda Item No.: lOS 7-J7-0<g Commission Meeting Date: Cover Memo Santamaria Truck SIBlvd Drainage Proj Agrmt City Commission August 4,2008 Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag Cify Manager Hans Ottinot Cify Attorney Jane A. Hines Cify Clerk William Santamaria, President Santamaria Trucking, Inc. Paving and Drainage Contractors 18370 S.W. 21ih Street Miami, Florida 33187 Re: Approval of Drainage Improvement Agreement Dear Mr. Santamaria: At its regular meeting of July 17,2008, the City Commission adopted Resolution No. 2008-1304, which approved an agreement with Santamaria Trucking, Inc. for drainage improvements for Sunny Isles Boulevard. Enclosed are an original agreement and a copy of the approving resolution for your files. Thank you. ~:;;:U)~ Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures ec: Rick Conner, Public Works and Engineering Director Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Santamaria Drainage Improv Agrmt Exec Llr