HomeMy WebLinkAboutR-21-0308City of Miami
Resolution R-21-0308
Legislation
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
City of Miami Page 1 of 3 File ID: 9333 (Revision:) Printed On: 5/29/2025
File ID: 9333 Enactment Number: R-21-0308
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-B193402;
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.
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.
City of Miami Page 2 of 3 File ID: 9333 (Revision:) Printed on: 5/29/2025
File ID: 9333 Enactment Number: R-21-0308
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 9333 (Revision:) Printed on: 5/29/2025