HomeMy WebLinkAboutReso 2011-1769
RESOLUTION NO. 2011- 11(.. q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL
OF CHANGE ORDER NO. 2 TO AGREEMENT WITH TENEX
ENTERPRISES, INC. FOR ATLANTIC ISLES ROADWAY AND
UTILITY IMPROVEMENTS, IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED EIGHTY -ONE THOUSAND EIGHT HUNDRED
FORTY -FOUR DOLLARS AND FORTY -SEVEN CENTS
($281,844.47), 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 issued and advertised Bid No. 08-06-01, for Atlantic Isles
Roadway and Utility Improvements; and
WHEREAS, on June 17, 2008 via Resolution No. 2008-1301, the City Commission
awarded and entered into an agreement with Tenex Enterprises, Inc. to provide construction
services for roadway improvements, construction of sanitary sewer collection system with gravity
sewer lines, manholes, W ASD lift station and force main, paving, grading, and drainage
improvements for the Atlantic Isles community in an amount not to exceed Two Million Eight
Hundred Eighty-Five Thousand Forty-Eight Dollars ($2,885,048.00); and
WHEREAS, on February 18,2010 via Resolution No. 2010-1537, the City Commission
approved change Order No. 1 to the Agreement in an amount not to exceed Three Hundred
Twelve Thousand Two Hundred Thirty-Seven Dollars and Twenty-Two Cents ($312,237.22), to
provide for additional services including the relocation of inlet boxes, driveway work to the
individual residences, boring for utility lines, FPL required modifications, spanning across canal
and additional landscaping and irrigations; and
WHEREAS, during the construction several design and field related issues needed to be
addressed in order to avoid delays or stoppages on the job including additional utility work on
Collins A venue created by a collapsed sewer line, additional FPL, Atlantic Broadband, and A TT
conduit installation, and additional design work not contemplated under the original plans due to
field corrections; and
WHEREAS, Tenex Enterprises, Inc. expressed its ability and desire to provide these
additional services in an amount not to exceed Two Hundred Eighty-One Thousand Eight
Hundred Forty-Four Dollars and Forty-Four Cents ($281,844.47); and
WHEREAS the City wishes to approve Change Order No.2 to the Agreement with
Tenex Enterprises, Inc. to provide the additional services for the construction roadway and utility
improvements for Atlantic Isles in an amount not to exceed Two Hundred Eighty-One Thousand
Eight Hundred Forty-Four Dollars and Forty-Four Cents ($281,844.47), attached hereto as
Exhibit "A", bringing the total and final contract amount not to exceed to Three Million Four
Hundred Seventy-Nine Thousand One Hundred Twenty-Nine Dollars and Sixty-Nine Cents
($3,479,129.69).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Ratify Approval of Change Order No.2 to Agreement. Change Order No.2 to
Agreement with Tenex Enterprises, Inc. to provide additional services for the construction
roadway and utility improvements for Atlantic Isles, in an amount not to exceed Two Hundred
Eighty-One Thousand Eight Hundred Forty-Four Dollars and Forty-Four Cents ($281,844.47),
attached hereto as Exhibit "A", be and the same, is hereby approved.
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 will become effective upon adoption.
PASSED AND ADOPTED this 15th day of September 2011.
ATTEST:
\
\
. 'C:~\J .f\ ~)
Jane A. in~s~.CMC, City Clerk
'" ~. . J
. ft..... )
ttorney
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Vote: 3-0..~
Mayor Edelcup - f\'osk~
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl- ~S~
Moved by:
c~ ~LlOI.J
~~ Gt\-\""TO
Seconded by:
_(Yes)
~(Yes)
~Yes)
V(Y es)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
CITY OF
SUNNY ISLES BEACH
RECEIVED
OCT 0 G 2011
C"ty
P~bl~ ~unny Isles Beach
I.. arks Department
CHANGE
ORDER
CHANGE ORDER NUMBER: 2
BID NUMBER: 08-06-01
RESOLUTION NUMBER: 1-oll. t1 "9
DATE: 9-7-2011
PROJECT: Atlantic Isles Roadway and
Utility Improvements
ORIGINAL DOLLAR CONTRACT AMOUNT: $2,885,048.00
NETTOTAL DOLLAR VALUE OF ALL PREVIOUS CHANGE ORDERS: $312,237.22
DOLLAR AMOUNT OF THIS CHANGE ORDER: $281,844.47
CREDIT /DIRECT PURCHASES: $0
NEW DOLLAR CONTRACT AMOUNT: $3,479,129.69
ORIGINAL CONTACT COMPLETION DATE
TOTAL OF PREVIOUS CHANGE ORDER DAYS:
AMOUNT OF DAYS PER THIS CHANGE ORDER: 45 days
NEW CONTRACT COMPLETION DATE: October 31, 2011
DESCRIPTION OF SCOPE OR WORK CHANGES:
Additional utility work on Collins Avenue created by a collapsed sewer line, additional FPL, Atlantic
Broadband, and ATT conduit installation along the right of way, and additional adjustments to work
due to field modifications and redesign implications.
NOTE: Unless specifically stated clearly elsewhere on this page, this change order 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 s.ettlement.of.the_matters set
forth herein, including all direct and indirect costs for equipment, manpower arerials, overhead, profitana'de{.ay
relatin to the issues set forth in this document. )
CONTRACTOR
Tenex Enter rises
CITY ATTORNEY:
Hans Ottinot
PROJECT MANAGER:
Gio Batista
CITY MANAGER:
Alan Cohen
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TO:
FROM:
DATE:
RE:
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORA~PIIJ\'1
The Honorable Mayor and City Commission
Jorge Vera, Assistant City Manager and Giovanni Batista, Public Works
Director
9/1512011
Ratification of Change Order #2 for Tenex Enterprises related to the
Atlantic Isles Roadway Improvement Project.
RECOMMENDATION:
City staff recommends that the City Commission approve a resolution ratifying change
order #2 for the Atlantic Isles Roadway and Utility Improvements Project in an amount
not to exceed $281,844.47.
REASONS:
The City Commission approved a contract with Tenex Enterprises under Resolution No.
2008-1301 for the Atlantic Isles Roadway and Utilities Improvement Project in the
amount of $2,885,048.00. Subsequently, Commission approved a change order under
Resolution No. 2010-1537 in the amount of $312,237.22 bringing the total contract
amount to $3,197,285.22.
During the construction of the roadway and utility improvements several design and field
related issues needed to be addressed in order to avoid delays or stoppages on the job. As
a result the City staff provided the contractor with a verbal directive to continue
performing the work. At the time of the directive, the Contractor was requested to
proceed on a "time and material" basis given that associated work was not completely
defined by design and impacts from work performed by others. The associated costs for
the directives include additional utility work on Collins A venue created by a collapsed
sewer line, additional FPL, Atlantic Broadband, and A TT conduit installation, and
additional design work not contemplated under the original plans due to field corrections.
It should be noted that the $312,237.22 was expended during the course of the work
noted above. Remaining funds were insufficient to cover the completion of the project.
The work by the utility companies (i.e. W ASD, FPL, A TT, and Atlantic Broadband) has
been completed and City staff has inspected the site and provided a punchlist to Tenex
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=5 89&MeetingID=0&MeetingDate=... 9/8/2011
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prior to the issuance of a notice to proceed on the final lift of asphalt on the roadway.
Upon approval of change order #2, the total contract will be in an amount not to exceed
$3,479,129.69. This is the final expenditure related to the Atlantic Isles Roadway and
Utility Improvements.
ATTACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agendalPreview.aspx?l temID=5 89&MeetingID=0&MeetingDate=... 9/8/2011
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAM C"
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NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
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DATE ON WHICH VOTE OCCURRED
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THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY 0 COUNTY
NAME OF POLITICAL SUBDIVISION:
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MY POSITION IS:
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88. EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
N 0 R f() ~r\) Sf,,,? 1- (' j J 9 ,hereby disclose that on
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(a) A measure came or will come before my agency which (check one)
~ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
, which
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Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
PAGE 2
CE FORM 88. EFF. 1/2000