HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #9068
Date: 05/13/2021
Commission Meeting Date: 06/10/2021
Requesting Department: Office of Capital
Improvements
Sponsored By:
District Impacted: District 4
Type: Resolution
Subject: Authorize Change Order - Maggolc, Inc
Purpose of Item:
The purpose of this item is to approve a resolution from the Miami City Commission,
authorizing Change Order No. 1 and Final to Contract No. 17-18-024 with Maggolc, Inc.,
for additional scope elements, for a not -to -exceed amount of $89,096.34, thereby
increasing the current compensation limit of the contract from $290,056.58, to a not -to -
exceed amount of $379,152.92; allocating funds from the Office of Capital
Improvements Project No. B-30972, subject to the availability of funds and budgetary
approval at the time of need; authorizing the City Manager to negotiate and execute
Change Order No. 1 and Final with Maggolc, Inc., in a form acceptable to the City
Attorney, subject to all allocations, appropriations, prior budgetary approvals,
compliance with all applicable provisions of the Code of the City of Miami, Florida, as
amended ("City Code"), including the City of Miami Procurement Ordinance, Anti -
Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the
City Code, in forms acceptable to the City Attorney, and in compliance with all
applicable laws, rules, and regulations, as may be deemed necessary for said purpose.
Background of Item:
On January 4, 2019, pursuant to the City of Miami Procurement Code Section 18-87
and Invitation to Bid ("ITB") 17-18-024, and pursuant to Resolution R-18-0470, adopted
by the City Commission on October 25, 2018, the City Manager executed an agreement
("Agreement") with Maggolc for the provision of SW 64th Court Roadway and Drainage
Improvements ("Project No. B-30972"), in an amount not -to -exceed $290,056.58.
Once it was determined that the original contract value was no longer sufficient based
on the additional scope items, the Interim Director of OCI submitted to the Chief
Procurement Officer a full written explanation of the additional construction work,
attached herein as "Exhibit A." Said additional work has resulted in this Change Order
No. 1 and Final in the amount of $89,096.34, increasing the original contract value from
$290,056.58, to a total not -to -exceed amount of $379,152.92. Funds are to be allocated
from the appropriate OCI Project No. B-30972.
Budget Impact Analysis
Item has NOT an Expenditure
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
$89,096.34
OCI Project No. B-30972
Office of Capital Improvements
Department of Procurement
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Hector L Badia
Annie Perez
Ann -Marie Sharpe
Denise Lee
Lai -wan McGinnis
Leon P Michel
Nzeribe Ihekwaba
Valentin J Alvarez
Arthur Noriega V
Pablo Velez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
City Clerk's Office
Reviewed B
Department Head Review
Procurement Review
Risk Review
Budget Analyst Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed 05/13/2021 11:55 AM
Completed 05/18/2021 4:18 PM
Completed 05/20/2021 11:04 AM
Skipped 05/20/2021 12:41 PM
Completed 05/25/2021 10:32 AM
Completed 05/25/2021 10:54 AM
Completed 05/27/2021 12:42 PM
Completed 05/27/2021 1:35 PM
Completed 05/27/2021 7:57 PM
Completed 05/27/2021 8:15 PM
Completed 05/27/2021 9:39 PM
Completed 06/01/2021 12:50 PM
Completed 06/10/2021 9:00 AM
Completed 06/11/2021 5:46 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0217
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9068 Final Action Date:6/10/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING CHANGE ORDER NO. 1 AND FINAL SETTLEMENT AGREEMENT
("FINAL SETTLEMENT") TO INVITATION TO BID ("ITB") CONTRACT NO. 17-18-024
WITH MAGGOLC, INC., A FLORIDA PROFIT CORPORATION ("MAGGOLC"), FOR
ADDITIONAL SCOPE ELEMENTS FOR THE SOUTHWEST 64 COURT ROADWAY
AND DRAINAGE IMPROVEMENTS PROJECT — D4 ("PROJECT") FOR A NOT -TO -
EXCEED ADDITIONAL AMOUNT OF EIGHTY NINE THOUSAND NINETY SIX
DOLLARS AND THIRTY FOUR CENTS ($89,096.34), THEREBY INCREASING THE
CURRENT COMPENSATION AMOUNT FROM TWO HUNDRED NINETY THOUSAND
FIFTY SIX DOLLARS AND FIFTY EIGHT CENTS ($290,056.58) TO A NOT -TO -
EXCEED TOTAL AMOUNT OF THREE HUNDRED SEVENTY NINE THOUSAND ONE
HUNDRED FIFTY TWO DOLLARS AND NINETY TWO CENTS ($379,152.92);
ALLOCATING FUNDS FROM THE CITY OF MIAMI'S ("CITY") OFFICE OF CAPITAL
IMPROVEMENTS ("OCI") PROJECT NO. B-30972, SUBJECT TO THE AVAILABILITY
OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE FINAL SETTLEMENT
WITH MAGGOLC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS,
SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, 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 FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
WHEREAS, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as
amended ("City Code"), and Invitation to Bid ("ITB") Contract No. 17-18-024 as authorized by
Resolution No. R-18-0470 adopted by the City Commission on October 25, 2018, the City
Manager executed an agreement ("Agreement") with Maggolc, Inc., a Florida profit corporation
("Maggolc"), for the provision of Southwest 64 Court Roadway and Drainage Improvements
Project - D4 ("Project"), City of Miami's ("City") Office of Capital Improvements ("OCI") Project
No. B-30972 for the current compensation amount of Two Hundred Ninety Thousand Fifty Six
Dollars and Fifty Eight Cents ($290,056.58); and
WHEREAS, the current compensation amount is insufficient funding for the cost of the
additional scope elements, including the provision of geogrid to stabilize the driving surface and
help prevent future roadway settlement, the cleaning of existing structures to better the
channelization of surface water through the drainage system, and additional asphalt for repair of
defective pavement in the public alley; and
WHEREAS, it is in the best interest of the City to increase the capacity under the
Agreement to address these additional scope elements; and
WHEREAS, the OCI Interim Director has submitted to the Chief Procurement Officer a
full written explanation of the additional construction work involved; and
WHEREAS, the Change Order No. 1 increases the capacity under the Agreement by a
not -to -exceed additional amount of Eighty Nine Thousand Ninety Six Dollars and Thirty Four
Cents ($89,096.34), thereby increasing the current compensation amount from Two Hundred
Ninety Thousand Fifty Six Dollars and Fifty Eight Cents ($290,056.58) to a not -to -exceed total
amount of Three Hundred Seventy Nine Thousand One Hundred Fifty Two Dollars and Ninety
Two Cents ($379,152.92); and
WHEREAS, the City and Maggolc have agreed to a final settlement of all disputes in
consideration of, and in accordance with, the terms and conditions set forth herein; and
WHEREAS, funding would be allocated from OCI Project No. B-30972;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 Final Settlement to ITB Contract No. 17-18-024 with Maggolc for the
provision of additional scope elements for the Project for a not -to -exceed additional amount of
Eighty Nine Thousand Ninety Six Dollars and Thirty Four Cents ($89,096.34), thereby
increasing the current compensation amount from Two Hundred Ninety Thousand Fifty Six
Dollars and Fifty Eight Cents ($290,056.58) to a not -to -exceed total amount of Three Hundred
Seventy Nine Thousand One Hundred Fifty Two Dollars and Ninety Two Cents ($379,152.92),
is authorized.'
Section 3. Funding is allocated from OCI Project No. B-30972, subject to the availability
of funds and budgetary approval at the time of need.
Section 4. The City Manager is authorized' to negotiate and execute the Final
Settlement with Maggolc, in a form acceptable to the City Attorney.
Section 5. The City Manager is further authorized' to negotiate and execute any and all
documents, including any amendments, renewals, and extensions, subject to all allocations,
appropriations, prior budgetary approvals, 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, in forms acceptable to the City
Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed
necessary for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization 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.
APPROVED AS TO FORM AND CORRECTNESS: