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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16514 Date: 08/12/2024 Commission Meeting Date: 09/12/2024 Requesting Department: Office of Capital Improvements & Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Amend Contract - Virginia Key Boat Launch & Trailer Parking Purpose of Item: The purpose of this item is to approve a resolution of the Miami City Commission with attachments, authorizing Amendment No. 1 to the construction contract with PDM, for a market industry increase concerning Virginia Key Boat Launch and Trailer Parking, solicited under ITB No. 19-20-013, authorizing an increase to the existing contract value by $846,054.49, thereby increasing the total compensation limit from $977,573.80, to $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 any amendments, renewals, and extensions, subject to allocations, appropriations, and budgetary approvals having been previously made, and in 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 a form acceptable to the City Attorney, and in compliance with applicable laws, rules, and regulations, as may be necessary for said purpose. Background of Item: On January 16, 2020, the Department of Procurement ("Procurement") issued ITB No. 19-20- 013, Virginia Key Boat Launch and Trailer Parking, under full and open competition for construction services. On March 18, 2020, the ITB closing date, four (4) bids were received in response to the ITB. Subsequently, the bids were reviewed by Procurement staff, upon which PDM was deemed the lowest responsive and responsible Bidder in accordance with the minimum requirements stipulated in the ITB. On May 21, 2020, the contract was awarded to PDM. Unfortunately, the original contract value is no longer sufficient to compensate the contractor for the increase in market prices since the contract was executed. On February 26, 2024, DREAM submitted a proposal from PDM to address the increase, attached herein as "Exhibit A." Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $1,823,628.29 DREAM Project No: B-70046 Reviewed B Office of Capital Improvements Hector L Badia Department of Real Estate and Asset Management Review Completed 08/14/2024 12:51 PM Department of Procurement Annie Perez Office of Management and Budget Lai -wan McGinnis Office of Management and Budget Marie Gouin City Manager's Office Asael Marrero City Manager's Office Larry M. Spring City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Thomas M. Fossler Office of the City Attorney George K. Wysong III City Commission Maricarmen Lopez Office of the City Clerk City Clerk's Office Department Head Review Andrew Frey Procurement Review Budget Analyst Review Budget Review Deputy City Manager Review Assistance City Manager City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 08/14/2024 9:14 AM Department Head Completed 08/21/2024 3:01 PM Completed 08/21/2024 4:33 PM Completed 08/22/2024 10:23 AM Completed 08/28/2024 2:22 PM Completed 08/28/2024 2:38 PM Completed 08/28/2024 3:25 PM Completed 08/29/2024 11:09 AM Completed 09/03/2024 5:19 PM Completed 09/03/2024 5:52 PM Completed 09/12/2024 9:00 AM Completed 09/19/2024 5:41 PM City of Miami Legislation Resolution Enactment Number: R-24-0339 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 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 authorized1 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. APPROVED AS TO FORM AND CORRECTNESS: ge Wyy ng III, C y ttor -y 9/3/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 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.