City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: VIA: FROM: The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager DATE: 4/18/2013 RE: A Resolution Approving a Construction Change Order #8 through #12 to Agreement with Shoreline Foundation, Inc. for the Newport Pier Project. RECOMMENDATION: We recommend the City Commission approve the attached Resolution. REASONS: The City has a tax incentive program in place which allows the City to recognize additional savings after construction projects have been awarded to a contractor. The savings are recognized when the City purchases materials directly from the subcontractor on behalf of the contractor for the benefit of the public project. The City is exempt from paying tax, where the contractor is not. The authority to make these purchases is under the master contract. As a result of these direct purchases, the City prepares a deductive change order (for the gross amount) to recognize the decrease in direct contractual obligation to the vendor. Attached includes deductive change orders #8-12 for a total of $273,808.32, the City recognize a savings on these change orders for $15,734.43. ADDITIONAL INFORMATION: Attached is a recap of the Shoreline Contract. ATTACHMENTS: Contract Summary Resolution Change Orders Date 4/18/2013 119
Page 1 of 1 120
Page 1 of 2 RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING DEDUCTIVE CHANGE ORDERS NO. 8-12 TO AGREEMENT WITH SHORELINE FOUNDATION, INC. FOR THE NEWPORT FISHING PIER DEMOLITION AND CONSTRUCTION PROJECT, IN A TOTAL AMOUNT OF TWO HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED EIGHT DOLLARS AND THIRTY-TWO CENTS ($273,808.32), ATTACHED HERETO AS EXHIBIT A ; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 16, 2010 via Resolution No. 2010-1605, the City Commission approved an Agreement with Shoreline Foundation, Inc. to provide professional construction services for the demolition and construction of the Historic Sunny Isles Beach/Newport Fishing Pier at Pier Park, in an amount not to exceed Three Million Seven Hundred Seventy-Seven Thousand Eight Hundred Sixty-Six Dollars ($3,777,866.00); and WHEREAS, on June 21, 2012 via Resolution No. 2012-1927 the City Commission approved Change Order Numbers 1-4 with Shoreline Foundation, Inc., decreasing the Agreement amount by Eight Hundred Eighteen Thousand One Hundred Fifty-Eight Dollars and Seventy-Nine Cents ($818,158.79), bringing the total Agreement amount not to exceed to Two Million Nine Hundred Fifty-Nine Thousand Seven Hundred Seven Dollars and Twenty-One Cents ($2,959,707.21); and WHEREAS, on June 21, 2012 via Resolution No. 2012-1928 the City Commission approved Change Order No. 5 with Shoreline Foundation, Inc., increasing the Agreement in an amount not to exceed Thirty-Seven Thousand Six Hundred Five Dollars ($37,605.00), bringing the total amount not to exceed to Two Million Nine Hundred Ninety-Seven Thousand Three Hundred Twelve Dollars and Twenty-One Cents ($2,997,312.21); and WHEREAS, on July 19, 2012 via Resolution No. 2012-1942 the City Commission approved Change Order No. 6 to install eight (8) 18 round auger cast piles increasing the Agreement in an amount not to exceed Thirteen Thousand Two Hundred Ninety-Eight Dollars and Forty-Six Cents ($13,298.46), and increasing the contract time by fifteen (15) days, bringing the total amount not to exceed to Three Million Ten Thousand Six Hundred Ten Dollars and Sixty-Seven Cents ($3,010,610.67); and WHEREAS, on November 15, 2012 via Resolution No. 2012-2000 the City Commission approved Change Order No. 7 and No. 13 for painting of the pier and for additional costs for the Permitted Set of Design Drawings issued on July 19, 2012 in an amount not to exceed Seven Hundred Sixty-Four Thousand One Hundred Dollars and Forty Cents ($764,100.40), and increasing the contract time by one hundred twenty-seven (127) calendar days; and WHEREAS, on January 30, 2013 via Resolution No. 2013-2021 the City Commission approved Change Order No. 14 to paint the piles of the pier to add color uniformity to the Newport Pier, in an amount not to exceed Thirty-Eight Thousand One Hundred Two Dollars and Eight Cents ($38,102.08), bringing the total contract amount not to exceed to Three Million Eight Hundred R2013- Shoreline CO 8-12 Fishing Pier Page 1 of 2 121
Page 2 of 2 Twelve Thousand Eight Hundred Thirteen Dollars and Fifteen Cents ($3,812,813.15); and WHEREAS, the City has a tax incentive program in place for the City to purchase materials directly from the subcontractor on behalf of the contractor exempting the City from paying taxes resulting in a savings decreasing the Agreement, in an amount of Two Hundred Seventy-Three Thousand Eight Hundred Eight Dollars and Thirty-Two Cents ($273,808.32), and approve Change Orders No. 8-12 with Shoreline Foundation, Inc., attached hereto as Exhibit A, bringing the total contract amount not to exceed to Three Million Five Hundred Thirty-Nine Thousand Four Dollars and Eighty-Three Cents ($3,539,004.83). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Change Order No. 8-12. The City Commission hereby approves Change Order No. 8-12 to the Agreement with Shoreline Foundation, Inc., decreasing the Agreement in an amount of Two Hundred Seventy-Three Thousand Eight Hundred Eight Dollars and Thirty-Two Cents ($273,808.32), and approve Change Orders No. 8-12 with Shoreline Foundation, Inc., attached hereto as Exhibit A, bringing the total contract amount not to exceed to Three Million Five Hundred Thirty-Nine Thousand Four Dollars and Eighty-Three Cents ($3,539,004.83). 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 18 th day of April 2013. ATTEST: Norman S. Edelcup, Mayor Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney Moved by: Seconded by: Vote: Mayor Edelcup (Yes) (No) Vice Mayor Aelion (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Levin (Yes) (No) Commissioner Scholl (Yes) (No) R2013- Shoreline CO 8-12 Fishing Pier Page 2 of 2 122
Page 1 of 18 123
Page 2 of 18 124
Page 3 of 18 125
Page 4 of 18 126
Page 5 of 18 127
Page 6 of 18 128
Page 7 of 18 129
Page 8 of 18 130
Page 9 of 18 131
Page 10 of 18 132
Page 11 of 18 133
Page 12 of 18 134
Page 13 of 18 135
Page 14 of 18 136
Page 15 of 18 137
Page 16 of 18 138
Page 17 of 18 139
Page 18 of 18 140