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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #14905 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1, ATTACHED AND INCORPORATED AS EXHIBIT "A," TO THE CONSTRUCTION SERVICES AGREEMENT ("AGREEMENT") WITH DAVID MANCINI & SONS, INC., A FLORIDA PROFIT CORPORATION ("DMSI"), FOR WORK CONCERNING GOLDEN PINES ROADWAY AND DRAINAGE IMPROVEMENTS IN ADDITION TO WHAT WAS SOLICITED UNDER REQUEST FOR QUALIFICATIONS ("RFQ") NO. 21-22-005, INCREASING THE EXISTING CAPACITY BY FIVE MILLION FOUR HUNDRED SIXTY FIVE THOUSAND FOUR HUNDRED FIFTY THREE DOLLARS AND FOURTEEN CENTS ($5,465,453.14), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM EIGHT MILLION FORTY NINE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS AND TEN CENTS ($8,049,891.10) TO THIRTEEN MILLION FIVE HUNDRED FIFTEEN THOUSAND THREE HUNDRED FORTY FOUR DOLLARS AND TWENTY FOUR CENTS ($13,515,344.24); ALLOCATING FUNDS FROM THE APPROPRIATE SOURCE OF FUNDING, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH DMSI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER 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. City of Miami Legislation Resolution Enactment Number: R-23-0486 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14905 Final Action Date:10/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1, ATTACHED AND INCORPORATED AS EXHIBIT "A," TO THE CONSTRUCTION SERVICES AGREEMENT ("AGREEMENT") WITH DAVID MANCINI & SONS, INC., A FLORIDA PROFIT CORPORATION ("DMSI"), FOR WORK CONCERNING GOLDEN PINES ROADWAY AND DRAINAGE IMPROVEMENTS IN ADDITION TO WHAT WAS SOLICITED UNDER REQUEST FOR QUALIFICATIONS ("RFQ") NO. 21-22-005, INCREASING THE EXISTING CAPACITY BY FIVE MILLION FOUR HUNDRED SIXTY FIVE THOUSAND FOUR HUNDRED FIFTY THREE DOLLARS AND FOURTEEN CENTS ($5,465,453.14), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM EIGHT MILLION FORTY NINE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS AND TEN CENTS ($8,049,891.10) TO THIRTEEN MILLION FIVE HUNDRED FIFTEEN THOUSAND THREE HUNDRED FORTY FOUR DOLLARS AND TWENTY FOUR CENTS ($13,515,344.24); ALLOCATING FUNDS FROM THE APPROPRIATE SOURCE OF FUNDING, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH DMSI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER 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 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), and Request for Qualifications ("RFQ") No. 21-22-005, the City Manager executed an Agreement with David Mancini & Sons, Inc., a Florida profit corporation ("DMSI"), for the provision of Golden Pines Roadway and Drainage Improvements for Eight Million Forty Nine Thousand Eight Hundred Ninety One Dollars and Ten Cents ($8,049,891.10); and WHEREAS, the aforementioned solicitation was advertised concurrently with RFQ No. 21-22-004 to include Segment 1 (S.W. 23rd Terrace from S.W. 27th Avenue to S.W. 32nd Avenue) and Segment 2 (S.W. 24th Street from S.W. 27th Avenue to S.W. 32nd Avenue); and WHEREAS, the sole bid received for RFQ No. 21-22-004 was considerably higher than the available budget at the time and, therefore, not considered for award of an agreement for Segments 1 and 2; and WHEREAS, the work awarded under RFQ No. 21-22-005 for Segments 3 and 4 is near completion, prompting the need to proceed with the construction of improvements in Segment 2 without further delay; and WHEREAS, it is in the best interest of the City to retain the services of DMSI for the construction of improvements in Segment 2, once Segments 3 and 4 are completed; and WHEREAS, considering the additional referenced work, the current compensation limit is insufficient to address the costs associated with the construction of improvements in Segment 2; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to accommodate said costs to complete Segment 2; and WHEREAS, the proposed Amendment No. 1, attached and incorporated as Exhibit "A," to the Agreement with DMSI increases the existing capacity by Five Million Four Hundred Sixty Five Thousand Four Hundred Fifty Three Dollars and Fourteen Cents ($5,465,453.14), thereby increasing the existing total compensation limit of the Agreement from Eight Million Forty Nine Thousand Eight Hundred Ninety One Dollars and Ten Cents ($8,049,891.10) to Thirteen Million Five Hundred Fifteen Thousand Three Hundred Forty Four Dollars and Twenty Four Cents ($13,515,344.24); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment No. 1, attached and incorporated as Exhibit "A," to the Agreement with DMSI, for work concerning Golden Pines Roadway and Drainage Improvements in addition to what was solicited under RFQ No. 21-22-005, increasing the existing capacity by Five Million Four Hundred Sixty Five Thousand Four Hundred Fifty Three Dollars and Fourteen Cents ($5,465,453.14), thereby increasing the total compensation limit from Eight Million Forty Nine Thousand Eight Hundred Ninety One Dollars and Ten Cents ($8,049,891.10) to Thirteen Million Five Hundred Fifteen Thousand Three Hundred Forty Four Dollars and Twenty Four Cents ($13,515,344.24), is hereby authorized.' Section 3. Funding shall be allocated from the appropriate source of funding, subject to budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute Amendment No. 1 to the Agreement with DMSI, in a form acceptable to the City Attorney, for said purposes. Section 5. The City Manager is further authorized' to negotiate and execute any and all other documents, including amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 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: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.