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Home My WebLink AboutR-22-0173City of Miami Resolution R-22-0173 Legislation File Number: 11934 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/12/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION FOR AWARD OF A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") TO CUMMINS CEDERBERG, INC., A FLORIDA PROFIT CORPORATION ("CUMMINS"), THE TOP RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 20-21-016, FOR PROVISION OF PROFESSIONAL MARINE AND COASTAL ENGINEERING SERVICES FOR THE DINNER KEY MARINA BREAKWATERS MITIGATION 406 - D2 PROJECT ("PROJECT"), FOR A TOTAL NOT -TO -EXCEED AMOUNT OF ONE MILLION FIVE HUNDRED FORTY ONE THOUSAND ONE HUNDRED NINE DOLLARS AND SIXTY SIX CENTS ($1,541,109.66), INCLUSIVE OF THE NOT -TO - EXCEED AMOUNT OF SEVEN HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND FIFTY TWO CENTS ($713,750.52) FOR PHASE 1, THE NOT -TO -EXCEED AMOUNT OF FIVE HUNDRED SIXTY NINE THOUSAND SEVENTY SEVEN DOLLARS AND FOURTEEN CENTS ($569,077.14) FOR PHASE 2, A DEDICATED ALLOWANCE FOR THE NOT -TO - EXCEED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00), A REIMBURSABLE EXPENSES ALLOWANCE FOR THE NOT -TO -EXCEED AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), AND AN OWNER'S CONTINGENCY ALLOWANCE FOR THE NOT -TO -EXCEED AMOUNT OF ONE HUNDRED TWENTY EIGHT THOUSAND TWO HUNDRED EIGHTY TWO DOLLARS ($128,282.00), ON A PHASED BASIS; ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH CUMMINS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; 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, on June 4, 2021, the City of Miami ("City") Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 20-21-016 for the provision of professional marine and coastal engineering services for the Dinner Key Marina Breakwaters Mitigation 406 - D2 Project ("Project"); and City of Miami Page 1 of 3 File ID: 11934 (Revision:) Printed On: 5/23/2022 File ID: 11934 Enactment Number: R-22-0173 WHEREAS, on July 16, 2021, five (5) proposals were received via Procurement's BidSync software in response to the RFQ and, subsequently, one (1) proposal was found to be non -responsive to the RFQ Minimum Requirements upon Procurement's completion of its due diligence efforts; and WHEREAS, on August 26, 2021, an Evaluation Committee, approved by the City Manager, met and completed the evaluation of the remaining four (4) proposals submitted by responsive and responsible proposers, following the guidelines stipulated in the RFQ, and found Cummins Cederberg, Inc., a Florida profit corporation ("Cummins"), to be the top ranked responsive and responsible Proposer; and WHEREAS, on September 23, 2021, a Negotiation Committee, appointed by the City Manager, met and conducted negotiations through February 28, 2022; and WHEREAS, the RFQ Professional Services Agreement ("Agreement") terms and conditions, negotiated and agreed upon by Cummins, were formally accepted by the City on or about March 18, 2022; and WHEREAS, the City Manager requests authorization to execute an Agreement with Cummins, for a total not -to -exceed amount of One Million Five Hundred Forty One Thousand One Hundred Nine Dollars and Sixty Six Cents ($1,541,109.66), inclusive of a not -to -exceed amount of Seven Hundred Thirteen Thousand Seven Hundred Fifty Dollars and Fifty Two Cents ($713,750.52) for Phase 1, a not -to -exceed amount of Five Hundred Sixty Nine Thousand Seventy Seven Dollars and Fourteen Cents ($569,077.14) for Phase 2, a Dedicated Allowance for the not -to -exceed amount of Eighty Thousand Dollars ($80,000.00), a Reimbursable Expenses Allowance for the not -to -exceed amount of Fifty Thousand Dollars ($50,000.00), and an Owner's Contingency Allowance for the not -to -exceed amount of One Hundred Twenty Eight Thousand Two Hundred Eighty Two Dollars ($128,282.00), on a phased basis; and WHEREAS, funds are to be allocated from the appropriate City Office of Capital Improvements ("OCI") project and departmental budgets, subject to the availability of funds and budgetary approval at the time of need; 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. The recommendation for award of an Agreement to Cummins, the top ranked responsive and responsible Proposer, pursuant to RFQ No. 20-21-016, for the provision of professional marine and coastal engineering services for the Project, for a total not -to -exceed amount of One Million Five Hundred Forty One Thousand One Hundred Nine Dollars and Sixty Six Cents ($1,541,109.66), inclusive of the not -to -exceed amount of Seven Hundred Thirteen Thousand Seven Hundred Fifty Dollars and Fifty Two Cents ($713,750.52) for Phase 1, the not - to -exceed amount of Five Hundred Sixty Nine Thousand Seventy Seven Dollars and Fourteen Cents ($569,077.14) for Phase 2, a Dedicated Allowance for the not -to -exceed amount of Eighty Thousand Dollars ($80,000.00), a Reimbursable Expenses Allowance for the not -to -exceed amount of Fifty Thousand Dollars ($50,000.00), and an Owner's Contingency Allowance for the not -to -exceed amount of One Hundred Twenty Eight Thousand Two Hundred Eighty Two Dollars ($128,282.00), on a phased basis, is hereby approved. City of Miami Page 2 of 3 File ID: 11934 (Revision:) Printed on: 512312022 File ID: 11934 Enactment Number: R-22-0173 Section 3. Funding shall be allocated from the appropriate OCI project and departmental budgets, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute the Agreement with Cummins, in a form acceptable to the City Attorney, for said purpose. 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 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. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i : ndez, Cify Attor iey 513f2022 ' 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 3 of 3 File ID: 11934 (Revision:) Printed on: 512312022