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HomeMy WebLinkAboutR-22-0394City of Miami Resolution R-22-0394 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12486 Final Action Date: 10/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO FLORIDA ENGINEERING AND DEVELOPMENT CORP. ("FED"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID ("ITB") NO. 20-21-004, TO PROVIDE CONSTRUCTION SERVICES FOR THE OVERTOWN GREENWAY AT NW 11TH STREET (FROM NW 7TH AVENUE TO NW 12TH AVENUE) - PROJECT NO. B-173648, WITH A CONTRACT VALUE IN THE NOT -TO -EXCEED AMOUNT OF $882,353.40, PLUS A TEN PERCENT (10%) OWNER'S CONTINGENCY ALLOWANCE IN THE NOT -TO -EXCEED AMOUNT OF $88,235.34, FOR A TOTAL NOT -TO -EXCEED CONTRACT AWARD VALUE OF $970,588.74, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENTS PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH FED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, 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. WHEREAS, on April 8, 2022, the Department of Procurement ("Procurement") issued Invitation to Bid ("ITB") No. 20-21-004, Overtown Greenway at Northwest 11th Street (From Northwest 7th Avenue to Northwest 12th Avenue) - Project No. B-173648 ("Project"); and WHEREAS, on June 6, 2022, three (3) bids were received through BidSync in response to the ITB for the Project; and WHEREAS, after Procurement completed the due diligence review of the bids received following the guidelines published in the ITB, it was determined that Florida Engineering and Development Corp. ("FED") met the minimum requirements set forth in the ITB, and as a result was deemed the apparent lowest Bidder for ITB No. 20-21-004; and City of Miami Page 1 of 3 File ID: 12486 (Revision:) Printed On: 6/23/2025 File ID: 12486 Enactment Number: R-22-0394 WHEREAS, Procurement also determined that H.G. Construction, Development and Investment, Inc., the second lowest bidder, failed to submit the required reference project forms, while JVA Engineering Contractor, Inc., the third lowest bidder, failed to submit the required reference project forms and the required Bid Bond, and consequently, both bidders were deemed non -responsive to the ITB; and WHEREAS, Procurement has determined FED to be the lowest responsive and responsible Bidder for the Project, and requested the Florida Department of Transportation ("FDOT") to concur with the City of Miami's ("City") decision to award the Project to FED; and WHEREAS, FDOT has concurred with the City's decision and authorized the City to proceed with the recommendation to award a construction contract ("Agreement") to FED for construction of the Project; and WHEREAS, the City Manager requests authorization to execute an Agreement with FED in the not -to -exceed amount of $882,353.40, plus a ten percent (10%) Owner's Contingency Allowance in the not -to -exceed amount of $88,235.34, for a total not -to -exceed contract award value of $970,588.74; 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 June 6, 2022 from FED, the lowest responsive and responsible Bidder, pursuant to ITB No. 20-21-004, to provide construction services for the Overtown Greenway at Northwest 11th Street (From Northwest 7th Avenue to Northwest 12tn Avenue) - Project No. B-173648, in the not -to -exceed amount of $882,353.40, plus a ten percent (10%) Owner's Contingency Allowance in the not -to -exceed amount of $88,235.34, for a total not -to -exceed contract award value of $970,588.74, is accepted. Section 3. Funds are to be allocated from the appropriate Capital Improvements project and Departmental budgets. Section 4. The City Manager is authorizedI to execute the Agreement with FED, in a form acceptable to the City Attorney, for said purpose, subject to availability of funds and budgetary approval at time of need. Section 5. The City Manager is further authorized1 to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, and in 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, 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. Section 6. This Resolution shall become effective immediately upon its adoption. 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: 12486 (Revision:) Printed on: 6/23/2025 File ID: 12486 APPROVED AS TO FORM AND CORRECTNESS: r dez, ity ttor ey 9/13/2022 Enactment Number: R-22-0394 City of Miami Page 3 of 3 File ID: 12486 (Revision:) Printed on: 6/23/2025