HomeMy WebLinkAboutR-19-0370City of Miami
Resolution R-19-0370
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6299 Final Action Date: 9/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID
RECEIVED ON JULY 2, 2019, PURSUANT TO INVITATION TO BID ("ITB") NO.
18-19-007-R, FROM KEARNS CONSTRUCTION COMPANY, A FLORIDA
PROFIT CORPORATION ("KEARNS"), THE SOLE RESPONSIVE AND
RESPONSIBLE BIDDER, AND THE SUBSEQUENT BEST AND FINAL OFFER
FROM KEARNS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PROVISION
OF CONSTRUCTION SERVICES FOR THE BAYSIDE WHARF MIAMARINA —
PIER 5 (NORTH SECTION) — PROJECT NO. B-70045 ("PROJECT"), IN THE
AMOUNT OF TWO MILLION TWO HUNDRED EIGHTY FIVE THOUSAND TWO
HUNDRED NINETY SIX DOLLARS ($2,285,296.00) FOR THE PROJECT'S
SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER'S CONTINGENCY
ALLOWANCE IN THE AMOUNT OF TWO HUNDRED TWENTY EIGHT
THOUSAND FIVE HUNDRED TWENTY NINE DOLLARS AND SIXTY CENTS
($228,529.60), FOR A TOTAL NOT -TO -EXCEED CONTRACT AWARD
AMOUNT OF TWO MILLION FIVE HUNDRED THIRTEEN THOUSAND EIGHT
HUNDRED TWENTY FIVE DOLLARS AND SIXTY CENTS ($2,513,825.60);
ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF
REAL ESTATE AND ASSET MANAGEMENT ("DREAM") PROJECT NO. B-
70045; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH KEARNS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS
("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS AND EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, PRIOR
BUDGETARY APPROVAL, 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
ANY AND ALL APPLICABLE REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
WHEREAS, on May 20, 2019, the City of Miami ("City") Department of Procurement
("Procurement") issued Invitation to Bid ("ITB") No. 18-19-007-R for the provision of construction
services for the Bayside Wharf Miamarina - Pier 5 (North Section) - Project No. B-70045
("Project"); and
WHEREAS, on July 2, 2019, the Office of the City Clerk received one (1) bid in response
to the ITB from Kearns Construction Company, a Florida profit corporation ("Kearns"), in the
City of Miami Page 1 of 3 File ID: 6299 (Revision:) Printed On: 4/24/2025
File ID: 6299 Enactment Number: R-19-0370
amount of Two Million Three Hundred Three Thousand Four Hundred Eighty Three Dollars
($2,303,483.00); and
WHEREAS, Procurement determined Kearns to be the sole responsive and responsible
Bidder; and
WHEREAS, on July 10, 2019, pursuant to Section 18-85 of the Code of the City of
Miami, Florida, as amended ("City Code"), Procurement sent Kearns a letter formally requesting
submittal of its best and final offer for the Project; and
WHEREAS, on July 12, 2019, Kearns submitted its best and final offer of Two Million
Two Hundred Eighty Five Thousand Two Hundred Ninety Six Dollars ($2,285,296.00); and
WHEREAS, the City Manager requests authorization to execute an agreement with
Kearns, in a form acceptable to the City Attorney, in the amount of Two Million Two Hundred
Eighty Five Thousand Two Hundred Ninety Six Dollars ($2,285,296.00) for the Project's scope
of work, plus a ten percent (10%) Owner's Contingency Allowance in the amount of Two
Hundred Twenty Eight Thousand Five Hundred Twenty Nine Dollars and Sixty Cents
($228,529.60), for a total not -to -exceed contract award amount of Two Million Five Hundred
Thirteen Thousand Eight Hundred Twenty Five Dollars and Sixty Cents ($2,513,825.60); and
WHEREAS, funds in the amount of Two Million Five Hundred Thirteen Thousand Eight
Hundred Twenty Five Dollars and Sixty Cents ($2,513,825.60) are to be allocated from the
City's Department of Real Estate and Asset Management ("DREAM") Project No. B-70045.
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. The bid received on July 2, 2019, pursuant to ITB No. 18-19-007-R, from
Kearns, the sole responsive and responsible Bidder, and the subsequent best and final offer
from Kearns pursuant to Section 18-85 of the City Code, for the provision of construction
services in the amount of Two Million Two Hundred Eighty Five Thousand Two Hundred Ninety
Six Dollars ($2,285,296.00) for the Project's scope of work, plus a ten percent (10%) Owner's
Contingency Allowance in the amount of Two Hundred Twenty Eight Thousand Five Hundred
Twenty Nine Dollars and Sixty Cents ($228,529.60), for a total not -to -exceed contract award
amount of Two Million Five Hundred Thirteen Thousand Eight Hundred Twenty Five Dollars and
Sixty Cents ($2,513,825.60), is accepted.
Section 3. Funds shall be allocated from DREAM Project No. B-70045.
Section 4. The City Manager is authorized to execute the Agreement with Kearns, in a
form acceptable to the City Attorney, consisting of the ITB documents and attachments.
Section 5. The City Manager is further authorized' to negotiate and execute all other
documents, including any amendments and extensions, in a form acceptable to the City
1 The herein authorization is further subject to compliance with all regulations that may be imposed by the
City Attorney, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 6299 (Revision:) Printed on: 4/24/2025
File ID: 6299 Enactment Number: R-19-0370
Attorney, subject to allocations, appropriations, and prior budgetary approval, 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 any and all applicable regulations, as may be deemed necessary for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
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 3 of 3 File ID: 6299 (Revision:) Printed on: 4/24/2025