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HomeMy Public PortalAbout19-9679 Amendment between Intercounty Engineering $502,200.00Sponsored by: City Manager RESOLUTION NO.19-9679 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AN EMERGENCY AMENDMENT BETWEEN INTERCOUNTY ENGINEERING, INC. AND THE CITY OF OPA-LOCKA, FLORIDA UNDER THE SAME TERMS AND CONDITIONS AS A PRIOR AGREEMENT ENTERED INTO BETWEEN THE PARTIES WITH AN EFFECTIVE DATE OF MAY 26, 2015, INCLUDING AMENDMENTS; TO INCREASE THE CONTRACT AMOUNT BY FIVE HUNDRED AND TWO THOUSAND DOLLARS ($502,000.00) FOR THE PROVISION OF ROADWAY WORK RELATED TO CAIRO LANE AND NW 127 STREET IMPROVEMENTS WITHIN THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution #15-8986 the City of Opa-Locka ("City") selected Intercounty Engineering, Inc. as the contractor for the provision of certain roadway work related to Cairo Lane and NW 127 Street; and WHEREAS, the Agreement between the parties was entered into on May 26, 2019 and due to various changes and necessary delays, the time for completion of the project has taken longer than expected and the cost of the project has increased since the original bid was received by the City; and WHEREAS, by the terms of the subject Agreement, the Agreement was scheduled to expire on December 31, 2017 pursuant to Article 3, 3.1; and WHEREAS, the project has shown progress and to procure the same services with a different vendor or the same vendor would cost the City significant dollars and place the final completion of the project in complete jeopardy; and WHEREAS, the City Manager recommends an emergency Amendment to the Agreement between Intercounty Engineering, Inc. and the City for a negotiated price increase in order for work to continue at the project site and at an increased amount of Five Hundred and Two Thousand Dollars ($502,000.00); and Resolution No. 19-9679 WHEREAS, the increase in the price is due to an increase in the price of concrete, labor and materials; an increase in the price of the subgrade to a change in subbase design; due to a three (3) year delay in order to acquire necessary easements on Cairo Lane to allow the relocations of AT&T poles and FPL poles; needed changes in the design to ensure the longevity of the roadway, among other reasons; and WHEREAS, the City and Contractor agree that rather than crushed being used as a part of this Agreement, the parties shall replace crushed concrete with asphalt. WHEREAS, the Commission desires to approve the Emergency Amendment for the cost increase to pay for roadway work to be performed related to Cairo Lane and NW 27th Avenue Street improvements; and WHEREAS, the amendment to said Agreement is in the best interest of the City of Opa-Locka and its residents. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Adoption of Representations.The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. Approval of Amendment. The City Commission of the City of Opa-locka hereby approves the Amendment to the Agreement between Intercounty Engineering, Inc. to increase the Agreement amount by Five Hundred and Two Thousand Dollars ($502,000.00) for the provision of roadway work related to Chiro Lane and 127 NW Street Improvements to continue within the City consistent with the Amendment attached as Exhibit A. . Section 3. Effective Date. This Resolution shall take effect immediately upon adoption by the City Commission of the City of Opa-locka. PASSED and ADOPTED this 24th day of July, 2019. Resolution No. 19-9679 ATTEST: Matthew A. Pigatt, Mayor a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bur a • - tte Norris -Wee Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Bass: Commissioner Burke: Vice Mayor Davis: Mayor Pigatt: s, P.A. COMMISSIONER KELLEY VICE MAYOR DAVIS 4-0 YES YES YES YES ABSENT 4,850,206.00 260,246.00 5,110,452.00 $ 190,101.09 $ 9,609.96 $ 91,040.00 $ 121,876.00 $ 502,000.00 $ 6,025,079.05 $ $ $ Actual Financial Cost $ EXHIBIT "A" Cairo Lane & NW 127th Street Project Cost Wastewater Allocation Drinkingwater Allocation Cairo Lane & NW 127th Street Project Allocation COR# 1 Water Service and Water Meters Replacement COR # 2 Water Meters Equipment Only COR # 3 Water Main Extension - Alexandria Drive COR# 4 Water Main Offset COR# 7 Roadwork Additional Fees Total Project Cost Total Project Cost 6,025,079.05 (9,609.96) (91,040.00) 5,924,429.09 AMENDMENT TO AGREEMENT WITH INTERCOUNTY ENGINEERING AND THE CITY OF OPA-LOCKA, FLORIDA This AMENDMENT TO Design Build Contractor Agreement between the CITY OF OPA- LOCKA ("City") and INTERCOUNTY ENGINEERING, INC. ("Contractor") hereby amends the Agreement dated May 26, 2015 (the Original "Effective Date"). WHEREAS, on or about May 26, 2015 the CITY passed Resolution 16-9242 which approved an Agreement between CITY and CONTRACTOR for certain design build contractor services; and WHEREAS, the parties now desire to amend the Agreement to retroactively extend the contract term from the original ending date of December 31, 2017 until July 24, 2020; and WHEREAS, the parties desire that each prior commission approved amendment (including purchase orders 1-6) shall be incorporated within the intent of this extension and shall be retroactively approved; and WHEREAS, the City Commission of the City of Opa-Locka has determined that it is in the best interest of the residents of the City to approve the authorization and execution of this Amendment to the Agreement with Intercounty Engineering, Inc. for additional fees in the amount of Five Hundred and Two Thousand Dollars ($502,000.00) for the provision of roadway work continuation related to Chiro Lane and 127 NW Street Improvements and as set forth in Exhibit "A" hereto. IT IS MUTUALLY AGREED by and between CITY and CONTRACTOR as follows: 1. Article 2, Scope of Work, Adding paragraph 2.7 is hereby added with all other paragraphs remaining the same and shall read: 2.7 City and Contractor agree that rather than crushed being used as a part of this Agreement, the parties shall replace crushed concrete with asphalt. 2. Article 3, Entitled Time for Completion and Liquidated Damages shall be amended to change the date December 31, 2017 to July 24, 2020. With all other language of the Agreement remaining the same. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Amendment Effective Date first above written. ATTEST: CITY OF OPA-LOCKA, a political subdivision of the State of Florida By: By: CITY CLERK Newall J. Daughtrey, Interim City Manager APPROVED AS TO FORM CONTRACTOR AND LEGAL OF ICIENCY By: //�� I 111 By: : i : d * e N • rris-Weeks Maurice A. Hynes y Attorney President