HomeMy WebLinkAboutAgenda Item Summary Form1IV OF
Hw `93 AGENDA ITEM SUMMARY FORM
File ID: #8035
o..Ryl.
Date: 10/09/2020 Requesting Department: Office of Capital
Improvements
Commission Meeting Date: 11/19/2020 Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Authorize Change Order No. 1 - Terra Hyle Contractors, Inc.
Purpose of Item:
The nature of this item is to authorize a Resolution of the Miami City Commission, with attachment(s),
authorizing a Change Order No. 1 to the contract with Terra Hyle Contractors, Inc. ("Terra Hyle"), for the
provision of additional curbing and sodding improvements, in an amount not to exceed $69,047.22
thereby increasing the total Contract value from $698,755.37 to an amount not -to -exceed $767,802.59;
authorizing the City Manager to execute Change Order No. 1 with Terra Hyle Contractors, Inc. in
substantially the attached form, subject to allocations, appropriations and budgetary approval having
been previously made, and in compliance with applicable provisions of the Code of the City of Miami,
Florida, as amended, ("City Code"), including, the City of Miami'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 applicable regulations, as may be necessary for said
purpose.
Background of Item:
On April 12, 2018, Procurement issued a solicitation under full and open competition to obtain bids from
qualified firms pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Invitation to Bid
("ITB") 17-18-023, and as authorized by Resolution 18-0499, adopted by the City Commission on
November 15, 2018, the City Manager executed an agreement ("Agreement") with Terra Hyle Contractors
("Terra Hyle") for the provision of roadway reconstruction, drainage installation, sidewalk and driveway
approach repair and replacement, milling and resurfacing, and swale restoration, as well as new curb and
gutter, striping, signage, Americans with Disabilities Act (ADA) compliant pedestrian ramps, and storm
water pump station for South Bayshore Lane/Fairview Street Flood Mitigation Project ("Project No. 40B-
30737"), with a contract value not -to -exceed $698,755.37, inclusive of an Owner's Contingency
Allowance in the amount of $49,547.38.
Currently, drainage work is ninety-eight percent (98%) completed, 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%) completed, pending road reconstruction and paving. The original
contract, however, was no longer sufficient to compensate Terra Hyle for the additional cost of re -
mobilization efforts following a shutdown due to Covid-19 and the additional scope requested by
neighborhood residents. As a result, the Director of the Office of Capital Improvements (OCI) submitted to
the Chief Procurement Officer a full written explanation of the additional construction work.
Budget Impact Analysis
Item is an Expenditure
Item is funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
$69,047.22
OCI Project No.: 40B-30737
Reviewed By
Office of Capital Improvements
Hector L Badia
Department Head Review
Completed
10/09/2020 12:26 PM
Department of Risk Management
Ann -Marie Sharpe
Risk Review
Completed
10/09/2020 12:32 PM
Department of Procurement
Annie Perez
Procurement Review
Completed
10/09/2020 1:44 PM
Office of Management and Budget
Yvette Smith
Budget Analyst Review
Completed
10/29/2020 7:58 PM
Office of Management and Budget
Carolina Aguila
Budget Analyst Review
Skipped
10/09/2020 12:59 PM
Office of Management and Budget
Christopher M Rose
Budget Review
Completed
10/31/2020 7:30 AM
City Manager's Office
Nzeribe Ihekwaba
Assistant City Manager Review
Completed
10/31/2020 4:29 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
11/02/2020 11:56 AM
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
11/03/2020 2:01 PM
Office of the City Attorney
Pablo Velez
ACA Review
Completed
11/03/2020 7:13 PM
Office of the City Attorney
Barnaby L. Min
Deputy City Attorney Review
Completed
11/04/2020 8:07 AM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
11/04/2020 4:27 PM
City Commission
Nicole Ewan
Meeting
Completed
11/19/2020 9:00 AM
Office of the Mayor
Mayor's Office
Signed by the Mayor
Completed
11/30/2020 5:34 PM
Office of the City Clerk
City Clerk's Office
Signed and Attested by the City Clerk
Completed
11/30/2020 5:47 PM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
11/30/2020 5:47 PM
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11 °° Legislation 3500 Pan American Drive
g Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-20-0365
File Number: 8035 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
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. 40B-30737, subject to the
availability of funds and budgetary approval at the time of need.
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.
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.
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 , na4inde�z, ity Attor iey 11/412020
Z 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.