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Home My WebLink AboutR-20-0365City of Miami 1 i.RR .I Legislation alldl 1l+ Resolution: R-20-0365 File Number: 8035 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/19/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AND AUTHORIZING CHANGE ORDER NO. 1 TO INVITATION TO BID ("ITB") CONTRACT NO. 17-18-023 WITH TERRA HYLE CONTRACTORS, INC., A FLORIDA PROFIT CORPORATION ("TERRA HYLE"), FOR INCLUSION OF ADDITIONAL CURBING AND SODDING IMPROVEMENTS TO THE SCOPE OF WORK FOR THE SOUTH BAYSHORE LANE/FAIRVIEW STREET FLOOD MITIGATION PROJECT — D2, CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40B-30737 FOR AN ADDITIONAL AMOUNT OF SIXTY NINE THOUSAND FORTY SEVEN DOLLARS AND TWENTY TWO CENTS ($69,047.22), THEREBY INCREASING THE CURRENT NOT —TO —EXCEED PROJECT AMOUNT FROM SIX HUNDRED NINETY EIGHT THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS AND THIRTY SEVEN CENTS ($698,755.37) TO A FINAL NOT —TO —EXCEED PROJECT AMOUNT OF SEVEN HUNDRED SIXTY SEVEN THOUSAND EIGHT HUNDRED TWO DOLLARS AND FIFTY NINE CENTS ($767,802.59); ALLOCATING FUNDS FROM OCI PROJECT NO. 4013-30737, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO ITB CONTRACT NO. 17-18-023 WITH TERRA HYLE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI —DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as amended ("City Code"), and Invitation to Bid ("ITB") Contract No. 17-18-023 as authorized by Resolution No. R-18-0499 adopted by the City Commission on November 15, 2018, Terra Hyle Contractors, Inc., a Florida profit corporation ("Terra Hyle"), was awarded the City of Miami's ("City") South Bayshore Lane/Fairview Street Flood Mitigation Project, City Office of Capital Improvements ("OCI") Project No. 40B-30737 ("Project") for the provision of roadway reconstruction, drainage installation, sidewalk and driveway approach repair and replacement, milling and resurfacing, swale restoration, new curbs and gutters, striping, signage, Americans with Disabilities Act (ADA) compliant pedestrian ramps, and a storm water pump station for a not -to -exceed amount of Six Hundred Ninety Eight Thousand Seven Hundred Fifty Five Dollars and Thirty Seven Cents ($698,755.37), inclusive of an Owner's Contingency Allowance in the City of Miami Page 1 of 3 File ID: 8035 (Revision:) Printed On: 121112020 File ID: 8035 Enactment Number: R-20-0365 amount of Forty Nine Thousand Five Hundred Forty Seven Dollars and Thirty Eight Cents ($49,547.38); and WHEREAS, the Project drainage work is ninety-eight percent (98%) complete pending cleanup of structures and testing; water main services are at one hundred percent (100%) completion; and the concrete work is approximately twenty-five (25%) complete pending road reconstruction and paving; and WHEREAS, Terra Hyle was re -mobilized to complete work on the Project following a shut down due to the COVID-19 pandemic; and WHEREAS, neighborhood residents requested additional curbing and sodding improvements be included in the Project's scope of work; and WHEREAS, the current Project amount is insufficient to compensate Terra Hyle for the additional cost of the re -mobilization efforts and the additional curbing and sodding improvements that were requested; and WHEREAS, the OCI Director submitted to the City's Chief Procurement Officer a full written explanation of the additional scope of work as outlined in the Capacity Increase Request, attached and incorporated as Exhibit "A"; and WHEREAS, Terra Hyle has agreed to execute Change Order No. 1 with the City, attached and incorporated as Exhibit "B", for the additional amount of Sixty Nine Thousand Forty Seven Dollars and Twenty Two Cents ($69,047.22), thereby increasing the current not -to - exceed amount from Six Hundred Ninety Eight Thousand Seven Hundred Fifty Five Dollars and Thirty Seven Cents ($698,755.37) to a final not -to -exceed amount of Seven Hundred Sixty Seven Thousand Eight Hundred Two Dollars and Fifty Nine Cents ($767,802.59); and WHEREAS, funds are to be allocated from OCI Project No. 40-B30737; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Change Order No. 1 to ITB Contract No. 17-18-023 with Terra Hyle for inclusion of additional curbing and sodding improvements to the scope of work for the Project for an additional amount of Sixty Nine Thousand Forty Seven Dollars and Twenty Two Cents ($69,047.22), thereby increasing the current not -to -exceed amount from Six Hundred Ninety Eight Thousand Seven Hundred Fifty Five Dollars and Thirty Seven Cents ($698,755.37) to the final not -to -exceed amount of Seven Hundred Sixty Seven Thousand Eight Hundred Two Dollars and Fifty Nine Cents ($767,802.59), is hereby approved and authorized.' Section 3. Funding os allocated from OCI Project No. 4013-30737, subject to the availability of funds and budgetary approval at the time of need. ' The herein authorization is further subject to compliance with all legal regulations that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 8035 (Revision:) Printed on: 121112020 File ID: 8035 Enactment Number: R-20-0365 Section 4. The City Manager is authorized' to execute Change Order No. 1 to ITB Contract No. 17-18-023 with Terra Hyle, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including, the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i �-nde` z, City Attor iey 11/4/2020 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 8035 (Revision:) Printed on: 121112020