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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01263 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AN AMENDMENT TO THE AUTHORIZED COMPENSATION LIMITS
OF THREE (3) JOB ORDER CONTRACTS FOR THE MIAMI MARINE STADIUM
RESTORATION PROJECT BY INCREASING THE ANNUAL MAXIMUM CAPACITY
OF THE CONTRACT FOR HORIZONTAL RIGHT-OF-WAY CONSTRUCTION WITH
METRO EXPRESS, INC. AND WITH HARBOUR CONSTRUCTION, INC. BY
$2,000,000.00 EACH TO AN AMOUNT NOT TO EXCEED $6,000,000.00 EACH, AND
INCREASING THE ANNUAL MAXIMUM CAPACITY OF THE CONTRACT FOR
VERTICAL BUILDING CONSTRUCTION WITH HARBOUR CONSTRUCTION, INC.,
BY $3,000,000.00 TO AN AMOUNT NOT TO EXCEED $8,000,000.00, TO BE
EXERCISED WITHIN THE FIRST ONE (1) YEAR OPTION TO EXTEND PERIOD;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
4 TO THE CONTRACTS WITH METRO EXPRESS, INC. AND HARBOUR
CONSTRUCTION, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSES; ALLOCATING FUNDS FROM THE VARIOUS CAPITAL
IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO
BUDGETARY APPROVAL AT THE TIME OF NEED.
WHEREAS, pursuant to Resolution No. 13-0089, adopted on March 14, 2013, receiving responses
to Invitation to Bid ("ITB") No. 11-12-017, the City Manager executed fifteen (15) Job Order Contracts
("JOC") with the annual maximum capacities of $2,000,000.00 for horizontal right-of-way construction
and $2,500,000.00 for vertical building construction; and
WHEREAS, pursuant to Resolution Number 15-0027, adopted on January 22, 2015, authorizing
Amendment No. 1 to increase the annual expenditure limit for horizontal contracts by $2,000,000.00,
to a total not -to -exceed amount of $4,000,000.00 annually, to cover the costs for continuing horizontal
construction work, and for vertical contracts by $2,500,000.00, to a total not -to -exceed amount of
$5,000,000.00 annually, to cover the costs for continuing vertical construction work; and
WHEREAS, Amendment No. 2, revised Article 8, Performance and Payment Bond, Section 2,
General Terms and Conditions, to reflect Florida Statute 255.05(g)(1), mandating JOC Contractors to
furnish. Performance and Payment Bonds equal to one hundred percent (100%) of the contract value
for all JOC Contracts, and
WHEREAS, Amendment No. 3 to the Contracts with Metro Express, Inc., and Harbour
Construction, Inc., added Article 26, Provisions for Tax Exempt Transactions/Direct Materials
Purchasing for Construction Projects, Section 3, Supplemental Terms and Conditions, establishing
provisions for tax exempt transactions/direct materials purchasing for construction projects, as
authorized pursuant to Section 212.08(6), Florida Statutes and Department of Revenue Rule
12A-1.094, Florida Administrative Code, and
WHEREAS, the current remaining contract capacities for Metro Express, Inc. and Harbour
Construction, Inc., are not sufficient to cover the construction cost necessary for the completion of the
City of Miami Page 1 of 2 File Id: 15-01263 (Version: 1) Printed On: 9/28/2015
File Number: 15-01263
Miami Marine Stadium Restoration Project; and
WHEREAS, it is therefore necessary to enter into Amendments with each contractor noted above,
thereby increasing the contracts by $2,000,000.00 for horizontal construction for Metro Express, Inc.,
$2,000,000.00 for horizontal construction for Harbour Construction, Inc., and $3,000,000.00 for vertical
construction for Harbour Construction, Inc., to final amounts not to exceed $6,000,000.00,
$6,000,000.00, and $8,000,000.00 respectively; and
WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects, on an
as -needed basis;
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. An increase to the annual maximum capacity of the JOC for horizontal right-of-way
construction with Metro Express, Inc., and with Harbour Construction, Inc. by $2,000.000.00 each to
an amount not to exceed $6,000.000.00 each, and increasing the annual maximum capacity of the
contract for vertical building construction with Harbour Construction, Inc., by $3,000,000.00 to an
amount not to exceed $8,000,000.00, to be exercised within the first one (1) year option to extend
period, is authorized, with funds for said increases allocated from the appropriate capital improvement
projects and departmental budgets, subject to budgetary approval at the time of need.
Section 3. The City Manager is authorized {1} to execute Amendment No. 4 to the Contracts with
Metro Express, Inc. and Harbour Construction, Inc., in substantially the attached form, with each
contractor, for said purposes.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTOFk1A MENDE
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 15-01263 (Version: 1) Printed On: 9/28/2015