HomeMy WebLinkAboutR-11-0504City of Miami
Legislation
Resolution: R-11-0504
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00301 Final Action Date: 12/15/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING PAYMENT IN AN AMOUNT OF $59,166.72, TO GIANNETTI
CONTRACTING CORP., FOR THE NORTH BAYSHORE DRIVE DRAINAGE
IMPROVEMENTS PROJECT, B-50658, IN CONNECTION WITH THE FINANCIAL
INCENTIVE PROVISION INCLUDED IN THE CONTRACT; FURTHER
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER IN AN AMOUNT NOT
TO EXCEED $59,166.72; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS
PROJECT NO. B-50658, FOR SAID PURPOSE.
WHEREAS, fourteen (14) bids were received by the Office of the City Clerk on February 13,
2009, pursuant to formal Invitation for Bids No. 08-09-025, issued on December 29, 2008, for the
project entitled "North Bayshore Drive Drainage Improvements, B-50658" ("Project"); and
WHEREAS, the City Manager authorized execution of a contract with Giannetti Contracting Corp.
("Giannetti"), the lowest responsive and responsible bidder, in the total amount of $1,257,935.68, plus
an owner contingency of $125,793.56, for a total amount not to exceed $1,383,729.24, awarded
under the expedited list of projects pursuant to Section 18-117 of the Code of the City of Miami,
Florida, as amended ; and
WHEREAS, on September 23, 2010, the City Commission adopted Resolution No. 10-0411,
authorizing Amendment No. 1 to the contract, which increased the award amount by $155,636, from
$1,383,729.24, to a total award amount not to exceed $1,539,365.24, for additional work due to
unforeseen conditions and owner requested changes, with City Commission approval having been
required because the ten (10%) percent contract contingency was exceeded; and
WHEREAS, pursuant to Addendum No. 4, attached and incorporated as Exhibit "A", the contract
contains a financial incentive provision providing that if the work is completed by December 16, 2009,
a bonus will be paid to the Contractor; and
WHEREAS, said contractual provision was orally modified by the former City of Miami ("City")
Capital Improvements Program Senior Horizontal Construction Team Leader to include additional
work and required portions of the original work to be postponed until after December 16, 2009; and
WHEREAS, Giannetti has fulfilled the orally modified financial incentive requirements; and
WHEREAS, the City has negotiated an adjusted financial incentive in the amount of $59,166.72,
commensurate of the work actually completed by December 16, 2009; and
WHEREAS, Giannetti has agreed to this reduced amount; and
WHEREAS, authorization to issue a purchase order in an amount of $59,166.72 is necessary in
City of Miami
Page 1 of 2 File Id: 11-00301 (Version: 2) Printed On: 10/24/2017
File Number: 11-00301 Enactment Number: R-11-0504
order to issue payment for said purpose; and
WHEREAS, Giannetti will submit an executed limited release in favor of the City at or before the
time payment is made; and
WHEREAS, funds are available from Capital Improvements Project No. B-50658;
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. A purchase order to Giannetti, for payment of the adjusted financial incentive in an
amount of $59,166.72, is authorized, with funds for said increase allocated from Capital
Improvements Project No. B-50658, which requires that Giannetti submit an executed limited release
in favor of the City on or before the time this payment is made.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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 2 of 2 File Id: 11-00301 (Version: 2) Printed On: 10/24/2017