HomeMy WebLinkAboutR-2016-086 Authorizes Additional Services Related to the Ocean Park Revitalization Plan - Phase 1 Project and the Execution of an Amendment to an Agreement with EDSA, Inc. not to exceed $54,875.00 RESOLUTION NO. 2016-086
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING ADDITIONAL SERVICES TO BE
PERFORMED RELATING TO THE DANIA BEACH OCEAN PARK
REVITALIZATION PLAN-PHASE I PROJECT RETROACTIVE TO
FEBRUARY 26, 2016; FURTHER RATIFYING EXPENDITURES TO DATE;
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH EDSA, INC., FOR A NOT TO
EXCEED SUM OF FIFTY FOUR THOUSAND EIGHT HUNDRED SEVENTY
FIVE DOLLARS ($54,875.00) PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Resolution 2014-070 on August 26, 2014,
authorizing the City Manager to execute an agreement with EDSA, Inc. for the Dania Beach
Ocean Park Revitalization Plan-Phase I Project in an amount not to exceed Two Hundred Ninety
Three Thousand Dollars ($293,000.00); and
WHEREAS, on August 20, 2015 and August 31, 2015 addenda were made to the
agreement with EDSA, Inc. for an additional Twenty Five Thousand Dollars ($25,000.00) for
additional architecture and engineering services related to the bathroom buildings, storage and
dumpster enclosures, and to provide for a tree disposition plan; and
WHEREAS, the City Commission adopted Resolution 2015-137 on November 10, 2015
amending the agreement for a not to exceed sum of an additional Twenty Four Thousand Dollars
($24,000.00) for the Dania Beach Ocean Park Revitalization Plan-Phase I Project for bidding,
permitting and construction observation; and
WHEREAS, EDSA, Inc. currently is the lead designer and project manager for the Dania
Beach Ocean Park Revitalization Plan-Phase I Project; and
WHEREAS, the City Administration recommends amending the current agreement to
provide additional project management and plan design services necessary for the proper and
complete management of the beach revitalization project in an additional amount not to exceed
Fifty Four Thousand Eight Hundred Seventy Five Dollars, ($54,875.00), bringing the total
contract cost to Three Hundred Ninety Six Thousand Eight Hundred Seventy Five Dollars
($396,875.00); and
WHEREAS, City staff is seeking ratifications for expenditures related to the contract
amendment which have already been incurred in the amount of Four Thousand Two Hundred
Dollars ($4,200.00) for the period beginning February 26, 2016 through April 28, 2016; and
WHEREAS, the original contract provided for Four Thousand Dollars ($4,000.00) as an
allowance for out of pocket expenses which now totals Eight Thousand Nine Hundred Forty
Four Dollars and Thirty Eight Cents ($8,944.38) requiring additional funding of Four Thousand
Nine Hundred Forty Five Dollars ($4,945.00); and
WHEREAS, additional out of pocket expenses are requested for the remainder of the
project for a not to exceed amount of Three Thousand Dollars ($3,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified, made a part of and
incorporated into this Resolution by this reference.
Section 2. That the City Commission approves an amendment to the agreement with
EDSA, Inc., relating to the Dania Beach Ocean Park Revitalization Plan-Phase I Project; a copy
of the Agreement is attached as Exhibit"A", made a part of and incorporated into this Resolution
by this reference, and the proper City officials are authorized to execute the amendment to be
effective retroactive to February 26, 2016.
Section 3. The City agrees to pay EDSA, in accordance with an EDSA, Inc. Project
Management Letter dated June 15, 2016 an amount not to exceed Fifty Four Thousand Eight
Hundred Seventy Five Dollars ($54,875.00), including expenditures to date.
Section 4. That the City Manager and City Attorney are authorized to make minor
revisions to the Amendment as are deemed necessary and proper and in the best interest of the
City.
Section 5. That funding for the above-referenced amendment shall be appropriated
from Capital Projects Beach Revitalization Phase II Account Number 301-72-60-572-63-10 to
Capital Projects Fund, Recreation Beach-Phase I Project Account, Account No. 301-72-59-572-
31-10 leaving a remaining balance in Beach Revitalization Project Phase II of$622,082.00.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION#2016-086
Section 7. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on June 28, 2016.
ATTEST: •s F►Rsr
LOUISE STILSON, CMC A. ALVINO SR.
CITY CLERK AYOR
APPROVED AS T FORM AND CORRECTNESS:
THOMAS . ANSB
CITY ATTORNEYP
3 RESOLUTION#2016-086
FOURTH ADDENDUM TO AGREEMENT
THIS IS A FOURTH ADDENDUM (the "Fourth Addendum") to an Agreement which
Agreement (the "Agreement") is dated September 8, 2014, existing between the City of Dania
Beach, Florida, a municipal corporation, having an address at 100 West Dania Beach Boulevard,
Dania Beach, Florida 33004, (the"City") and EDSA, Inc., a Florida corporation, having an address
of 1512 East Broward Boulevard, Suite 110, Fort Lauderdale, Florida 33301 (the "Contractor"). A
copy of the Agreement is attached as Exhibit "A", and it is made a part of and incorporated into
this Fourth Addendum by this reference.
RECITALS
On August 26, 2014, the City Commission approved an agreement with EDSA, Inc. to
plan, design and obtain permits for the Dania Beach Ocean Park Revitalization Project Phase I in
the amount of Two Hundred Ninety Three Thousand Dollars ($293,000.00).
On August 20 and August 31, 2015 addenda were made to the Agreement for an
additional Twenty Five Thousand Dollars ($25,000.00) for additional architecture and
engineering services related to bathroom buildings, storage and dumpster enclosures and to
provide for a tree disposition plan.
On October 21, 2015 the Contractor requested additional funds not to exceed Twenty
Four Thousand Dollars ($24,000.00) due to extended involvement throughout the bidding and
permitting process of the Project and it was approved pursuant to a Third Addendum signed by
the City on November 25, 2015.
On June 15, 2016 the Contractor requested additional funds for Task 1 Project
Management in an amount not to exceed Thirty Five Thousand Dollars ($35,000.00) and Task 2
Plan Revision in a fixed fee amount of Eleven Thousand Nine Hundred Thirty Dollars
($11,930.00) for a total not to exceed amount of Forty Six Thousand Nine Hundred Thirty
Dollars ($46,930.00) and out of pocket expenses not to exceed Three Thousand Dollars
($3,000.00). The original contract provided for an out of pocket allowance of Four Thousand
Dollars ($4,000.00) which has now been exceeded by the amount of Four Thousand Nine
Hundred Forty Five Dollars ($4,945.00) which requires funding. A copy of the Additional
Services Scope of Work dated June 15, 2016, is attached as Exhibit "B", and it is made a part of
and incorporated into this Fourth Addendum by this reference.
The City and Contractor wish to further amend the Agreement.
4 RESOLUTION#2016-086
NOW, THEREFORE, in consideration of mutual covenants, and for other good and
valuable consideration, the receipt and legal sufficiency of which are acknowledged and agreed
upon, the parties agree as follows:
1. The above recitals are true and correct and they are incorporated into this Fourth
Addendum as if set forth in full.
2. EDSA, Inc. agrees to perform the services specified in Exhibit B, for a not to
exceed sum specified in it.
3. Except as amended and modified by this Fourth Addendum, all of the terms,
conditions and covenants of the Agreement dated September 8, 2014, as amended by the
previous Addenda, shall remain in full force and effect. In the event of any conflict between the
provisions of the Agreement, the previous Addenda, and the provisions of this Fourth
Addendum, this Fourth Addendum shall control.
IN WITNESS OF THE FOREGOING, this Fourth Addendum is effective upon its
complete execution by both parties.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
LOUISE STILSON, CMC ROBERT BALDWIN
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
5 RESOLUTION#2016-086
CONTRACTOR:
EDSA,INC.,
WITNESSES: a Florida corporation
Signature Signature
PRINT Name PRINT Name
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on , 2016, by
as , of EDSA, Inc., a Florida corporation, on
behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not)take an oath.
NOTARY PUBLIC
My Commission Expires: PRINT Name of Notary Public
6 RESOLUTION#2016-086