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HomeMy WebLinkAboutR-15-0435City of Miami Legislation Resolution: R-15-0435 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01263 Final Action Date: 10/8/2015 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 City of Miami Page 1 of 2 File Id: 15-01263 (Version: 1) Printed On: 3/27/2018 File Number: 15-01263 Enactment Number: R-15-0435 Construction, Inc., are not sufficient to cover the construction cost necessary for the completion of the 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} 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: 3/27/2018