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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #9333 Date: 07/07/2021 Commission Meeting Date: 07/22/2021 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Authorize Change Order - Dinner Key Marina Repairs and Restoration Purpose of Item: The purpose of this item is to authorize a resolution from the Miami City Commission, with attachment(s), authorizing Change Order No. 1 to Contract No. 18-19-005 with Kearns Construction, Co. (Kearns), pursuant to Request for Proposals No. 18-19-005, Design -Build Services for Dinner Key Marina Repairs and Restoration - D2, for a not -to - exceed amount of $300,000.00 for additional scope elements, thereby increasing the current compensation limit of the contract from $22,488,038.00, to a not -to -exceed amount of $22,788,038.00; allocating funds from the Dinner Key Marina Capital Project No. 40-B193402, subject to the availability of funds and budgetary approval at the time of need; authorizing the City Manager to execute Change Order No. 1 with Kearns Construction, Co., in a form acceptable to the City Attorney; further authorizing the City Manager to negotiate and execute all other documents, including any change orders, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, and in compliance with all applicable provisions of the code of the City of Miami, Florida, as amended ("City Code"), including the City of Miami's Procurement Ordinance, Anti -deficiency Act, and financial integrity principles, all as set forth in Chapter 18 of the City Code, all in a form 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 November 7, 2018, Procurement issued a solicitation under full and open competition to obtain proposals from qualified firms. On December 6, 2018, Procurement received three (3) proposals in response to the solicitation from Dock and Marine Construction Corp. ("Dock and Marine"), Marina Utilities, Inc., (Marina Utilities), and Kearns; a Bid Security List is attached. On or around January 25, 2019, Procurement completed an extensive review and due diligence on all three proposals following the guidelines published in the solicitation. As a result of such process, Dock and Marine and Marine Utilities were found to be non -responsive to the conditions set forth in the RFP document, and therefore, disqualified from the selection process. Separate notices detailing the reasons leading to the City's decision were sent to each Proposer on January 28, 2019. Subsequently, on January 31, 2019, the Evaluation Committee ("Committee") met and completed the Step 1 evaluation and ranking of the sole responsive proposal submitted by Kearns. On March 18, 2019, Kearns submitted a Step 2 Technical Proposal, inclusive of a bid offer, according to the conditions set forth in the RFP document. Later, on March 26, 2019, the Committee met and evaluated Kearns' Technical Proposal while receiving a formal presentation by Kearns on the proposed solution for the project, following the guidelines stipulated in the solicitation. On April 25, 2019 the Negotiations Committee, appointed by the City Manager on April 5, 2019, met and negotiated the terms and conditions of a design -build agreement with Kearns, which was executed on June 26, 2019. Subsequently, a Notice to Proceed was issued on July 8, 2019. As recently as early June 2021, DREAM authorized the replacement of 10 mooring piles over the quantity stipulated in the contract with Kearns. It has been determined that another 90 mooring piles are in very poor condition and will need to be replaced in the short term. DREAM has determined that it is in the best interest of the City to a) conduct the additional mooring piles replacement before Kearns demobilize to allow for the boats to move back into the marina, and b) replace said pilings at the price agreed to in April 2019, which is about 40% to 50% less than the current estimated market unit price for the replacement of similar mooring piles. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $300,000.00 Dinner Key Marina Capital Project No. 40-B193402 Reviewed B Department of Real Estate and Asset Management Review Completed 07/13/2021 12:31 PM Department of Risk Management Ann -Marie Sharpe Department of Procurement Annie Perez Office of Management and Budget Lai -wan McGinnis Office of Management and Budget Leon P Michel City Manager's Office Fernando Casamayor Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the City Clerk City Clerk's Office Suzanne Hollander Risk Review Procurement 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 Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 07/13/2021 12:43 PM 07/13/2021 1:01 PM 07/13/2021 6:20 PM 07/13/2021 6:22 PM 07/13/2021 7:40 PM 07/13/2021 7:42 PM 07/13/2021 8:28 PM 07/13/2021 9:51 PM 07/13/2021 10:00 PM 07/13/2021 10:13 PM 07/22/2021 9:00 AM 07/23/2021 5:30 PM City of Miami Legislation Resolution Enactment Number: R-21-0308 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9333 Final Action Date:7/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING CHANGE ORDER NO. 1 TO THE REQUEST FOR PROPOSALS NO. 18-19-005 DESIGN -BUILD AGREEMENT ("AGREEMENT") WITH KEARNS CONSTRUCTION COMPANY, A FLORIDA PROFIT CORPORATION ("KEARNS"), FOR THE DINNER KEY MARINA REPAIRS AND RESTORATION PROJECT — DISTRICT 2 ("PROJECT") FOR A NOT - TO -EXCEED AMOUNT OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR ADDITIONAL SCOPE OF WORK ELEMENTS, THEREBY INCREASING THE CURRENT COMPENSATION LIMIT FROM TWENTY TWO MILLION FOUR HUNDRED EIGHTY EIGHT THOUSAND THIRTY EIGHT DOLLARS ($22,488,038.00) TO A NOT -TO -EXCEED AMOUNT OF TWENTY TWO MILLION SEVEN HUNDRED EIGHTY EIGHT THOUSAND THIRTY EIGHT DOLLARS ($22,788,038.00); ALLOCATING FUNDS FROM CITY OF MIAMI ("CITY") DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT CAPITAL PROJECT NO. 40-B193402, 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 TO THE AGREEMENT WITH KEARNS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER 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 Request for Proposals ("RFP") No. 8-19-005 authorized by Resolution No. R-19-0205 adopted by the City Commission on May 23, 2019, the City Manager executed a Design -Build Agreement ("Agreement") with Kearns Construction Company, a Florida profit corporation ("Kearns"), for the Dinner Key Marina Repairs and Restoration Project - District 2 ("Project") in an amount not -to -exceed Twenty Two Million Four Hundred Eighty Eight Thousand Thirty Eight Dollars ($22,488,038.00); and WHEREAS, the Agreement compensation limit does not have sufficient funds to compensate Kearns for the cost of additional scope of work elements; and WHEREAS, it is in the best interest of the City to increase the compensation limit under the Agreement; and WHEREAS, the Director of the City of Miami's ("City") Department of Real Estate and Asset Management ("DREAM") has submitted to the Chief Procurement Officer a full written explanation of the additional scope of work elements required; and WHEREAS, Change Order No. 1 to the Agreement increases the current compensation limit by a not -to -exceed amount of Three Hundred Thousand Dollars ($300,000.00) from the original award amount of Twenty Two Million Four Hundred Eighty Eight Thousand Thirty Eight Dollars ($22,488,038.00) to a total not -to -exceed amount of Twenty Two Million Seven Hundred Eighty Eight Thousand Thirty Eight Dollars ($22,788,038.00); and WHEREAS, funds are to be allocated from DREAM Capital Project No. 40-6193402; 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. Change Order No. 1 to the RFP No. 18-19-005 Agreement with Kearns for the Project for a not -to -exceed amount of Three Hundred Thousand Dollars ($300,000.00) for additional scope of work elements, thereby increasing the current compensation limit from Twenty Two Million Four Hundred Eighty Eight Thousand Thirty Eight Dollars ($22,488,038.00) to a total not -to -exceed amount of Twenty Two Million Seven Hundred Eighty Eight Thousand Thirty Eight Dollars ($22,788,038.00) is approved'. Section 3. Funds are allocated from DREAM Capital Project No. 40-6193402, 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 Change Order No. 1 to the Agreement with Kearns, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized' to negotiate and execute any and all other necessary 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. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 7/13/2021 1 The herein authorization is further subject to compliance with all legal regulations that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions.