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a Resolution: R-21-0217
File Number: 9068 Final Action Date: 6/10/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING CHANGE ORDER NO. 1 AND FINAL SETTLEMENT
AGREEMENT ("FINAL SETTLEMENT") TO INVITATION TO BID ("ITB")
CONTRACT NO. 17-18-024 WITH MAGGOLC, INC., A FLORIDA PROFIT
CORPORATION ("MAGGOLC"), FOR ADDITIONAL SCOPE ELEMENTS FOR
THE SOUTHWEST 64 COURT ROADWAY AND DRAINAGE IMPROVEMENTS
PROJECT — D4 ("PROJECT") FOR A NOT -TO -EXCEED ADDITIONAL
AMOUNT OF EIGHTY NINE THOUSAND NINETY SIX DOLLARS AND THIRTY
FOUR CENTS ($89,096.34), THEREBY INCREASING THE CURRENT
COMPENSATION AMOUNT FROM TWO HUNDRED NINETY THOUSAND
FIFTY SIX DOLLARS AND FIFTY EIGHT CENTS ($290,056.58) TO A NOT -TO -
EXCEED TOTAL AMOUNT OF THREE HUNDRED SEVENTY NINE
THOUSAND ONE HUNDRED FIFTY TWO DOLLARS AND NINETY TWO
CENTS ($379,152.92); ALLOCATING FUNDS FROM THE CITY OF MIAMI'S
("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-
30972, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE THE FINAL SETTLEMENT WITH MAGGOLC, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS, 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
FORMS 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. 17-18-024 as authorized by
Resolution No. R-18-0470 adopted by the City Commission on October 25, 2018, the City
Manager executed an agreement ("Agreement") with Maggolc, Inc., a Florida profit corporation
("Maggolc"), for the provision of Southwest 64 Court Roadway and Drainage Improvements
Project - D4 ("Project"), City of Miami's ("City") Office of Capital Improvements ("OCI") Project
No. B-30972 for the current compensation amount of Two Hundred Ninety Thousand Fifty Six
Dollars and Fifty Eight Cents ($290,056.58); and
City of Miami Page 1 of 3 File ID: 9068 (Revision:) Printed On: 612212021
File ID: 9068 Enactment Number: R-21-0217
WHEREAS, the current compensation amount is insufficient funding for the cost of the
additional scope elements, including the provision of geogrid to stabilize the driving surface and
help prevent future roadway settlement, the cleaning of existing structures to better the
channelization of surface water through the drainage system, and additional asphalt for repair of
defective pavement in the public alley; and
WHEREAS, it is in the best interest of the City to increase the capacity under the
Agreement to address these additional scope elements; and
WHEREAS, the OCI Interim Director has submitted to the Chief Procurement Officer a
full written explanation of the additional construction work involved; and
WHEREAS, the Change Order No. 1 increases the capacity under the Agreement by a
not -to -exceed additional amount of Eighty Nine Thousand Ninety Six Dollars and Thirty Four
Cents ($89,096.34), thereby increasing the current compensation amount from Two Hundred
Ninety Thousand Fifty Six Dollars and Fifty Eight Cents ($290,056.58) to a not -to -exceed total
amount of Three Hundred Seventy Nine Thousand One Hundred Fifty Two Dollars and Ninety
Two Cents ($379,152.92); and
WHEREAS, the City and Maggolc have agreed to a final settlement of all disputes in
consideration of, and in accordance with, the terms and conditions set forth herein; and
WHEREAS, funding would be allocated from OCI Project No. B-30972;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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. The Final Settlement to ITB Contract No. 17-18-024 with Maggolc for the
provision of additional scope elements for the Project for a not -to -exceed additional amount of
Eighty Nine Thousand Ninety Six Dollars and Thirty Four Cents ($89,096.34), thereby
increasing the current compensation amount from Two Hundred Ninety Thousand Fifty Six
Dollars and Fifty Eight Cents ($290,056.58) to a not -to -exceed total amount of Three Hundred
Seventy Nine Thousand One Hundred Fifty Two Dollars and Ninety Two Cents ($379,152.92),
is authorized.'
Section 3. Funding is allocated from OCI Project No. B-30972, subject to the availability
of funds and budgetary approval at the time of need.
Section 4. The City Manager is authorized' to negotiate and execute the Final
Settlement with Maggolc, in a form acceptable to the City Attorney.
Section 5. The City Manager is further authorized' to negotiate and execute any and all
documents, including any amendments, renewals, and extensions, 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 forms acceptable to the City
' 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: 9068 (Revision:) Printed on: 6/22/2021
File ID: 9068
Enactment Number: R-21-0217
Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed
necessary for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i dez, Cify Attor ey 6/1/2021
City of Miami Page 3 of 3 File ID: 9068 (Revision:) Printed on: 6/22/2021