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HomeMy WebLinkAboutR-24-0339City of Miami Resolution R-24-0339 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16514 Final Action Date: 9/12/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH POSEIDON DREDGE & MARINE, INC. ("PDM"), A FLORIDA PROFIT CORPORATION, FOR INDUSTRY -WIDE INCREASE IN MARKET COSTS CONCERNING VIRGINIA KEY BOAT LAUNCH AND TRAILER PARKING, SOLICITED UNDER INVITATION TO BID ("ITB") NO. 19-20-013, INCREASING THE EXISTING CONTRACT VALUE BY EIGHT HUNDRED FORTY SIX THOUSAND FIFTY FOUR DOLLARS AND FORTY NINE CENTS ($846,054.49), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM NINE HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED SEVENTY THREE DOLLARS AND EIGHTY CENTS ($977,573.80), TO ONE MILLION EIGHT HUNDRED TWENTY THREE THOUSAND SIX HUNDRED TWENTY EIGHT DOLLARS AND TWENTY NINE CENTS ($1,823,628.29); ALLOCATING FUNDS FROM THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT PROJECT NO. B-70046, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND 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, AND IN COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Competitive Sealed Bidding," and Invitation to Bid ("ITB") No. 19- 20-013, the City Manager executed a construction contract with Poseidon Dredge & Marine, Inc. ("PDM"), for the provision of construction services for Virginia Key Boat Launch and Trailer Parking for Nine Hundred Seventy Seven Thousand Five Hundred Seventy Three Dollars and Eighty Cents ($977,573.80); and WHEREAS, the current compensation limit is insufficient to address the industry -wide increase in market costs associated with the Project; and WHEREAS, it is in the best interest of the City of Miami ("City") to increase the existing capacity of the Contract with PDM for the Project to be successful; and City of Miami Page 1 of 3 File ID: 16514 (Revision:) Printed On: 9/23/2024 File ID: 16514 Enactment Number: R-24-0339 WHEREAS, the proposed Amendment No. 1 to the contract with PDM increases the existing capacity of the contract by Eight Hundred Forty Six Thousand Fifty Four Dollars and Forty Nine Cents ($846,054.49), thereby increasing the existing capacity of the Contract from Nine Hundred Seventy Seven Thousand Five Hundred Seventy Three Dollars and Eighty Cents ($977,573.80), to One Million Eight Hundred Twenty Three Thousand Six Hundred Twenty Eight Dollars and Twenty Nine Cents ($1,823,628.29); and WHEREAS, pursuant to Section 18-117 of the City Code, titled "Economic Stimulus Awards and Agreements," any increase of more than ten percent (10%) above the total compensation limit of the original Contract requires City Commission approval; and WHEREAS, funds are to be allocated from the Department of Real Estate and Asset Management ("DREAM") Project No. B-70046; 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 to the contract with PDM for industry -wide increase in market costs concerning Virginia Key Boat Launch and Trailer Parking solicited under ITB No. 19-20-013, increasing the existing capacity of the contract by Eight Hundred Forty Six Thousand Fifty Four Dollars and Forty Nine Cents ($846,054.49), thereby increasing the capacity of the Contract from Nine Hundred Seventy Seven Thousand Five Hundred Seventy Three Dollars and Eighty Cents ($977,573.80), to One Million Eight Hundred Twenty Three Thousand Six Hundred Twenty Eight Dollars and Twenty Nine Cents ($1,823,628.29), is authorized.' Section 3. The City Manager is authorized' to execute Amendment No. 1 to the Contract with PDM, in a form acceptable to the City Attorney, for said purposes. Section 4. Funding is allocated from DREAM Project No. B-70046, subject to availability of funds and budgetary approval at the time of need. Section 5. The City Manager is further authorized' to negotiate and execute all other documents, including agreements, amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to allocations, appropriations, prior budgetary approvals, and 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, and in compliance with applicable laws, rules, and regulations, as may be necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. 1 The authorization herein 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: 16514 (Revision:) Printed on: 9/23/2024 File ID: 16514 Enactment Number: R-24-0339 APPROVED AS TO FORM AND CORRECTNESS: g Wy j ng III, C y ttor y 9/3/2024 City of Miami Page 3 of 3 File ID: 16514 (Revision:) Printed on: 9/23/2024