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HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorneys/George K. Wysong III o/b/o DATE: May 23, 2023 RE: May 25, 2023 City Commission Meeting Agenda — Substitution of RE.12 — Amendment No. 1 for an Increase in the Contract Value for Invitation to Bid ("ITB") Contract No. 20-21-001 for the Shenandoah Park Swimming Pool Renovation, Office of Capital Improvements ("OCI") Project No. B-40563 File No. 14022 Agenda Item RE.12, scheduled for the May 25, 2023 City Commission Meeting, is being substituted to provide the Amendment No. 1 increase in contract value amount for Invitation to Bid ("ITB") Contract No. 20-21-001 for the Shenandoah Park Swimming Pool Renovation; with funding allocated from Office of Capital Improvements ("OCI") Project No. B-40563, subject to budgetary approval at the time of need; and, authorizing the City Manager to execute Amendment No. 1, in a form acceptable to the City Attorney, for said purpose. cc. Arthur Noriega V, City Manager Miriam Santana, Agenda Coordinator r-''—, c-s rfi =gyp VM/PRV; r— m a tV P1 Fri (-1-/DJa Sdos-i-) racotc C 4vi --40-kyu City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14022 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AMENDMENT NO. 1 TO INVITATION TO BID ("ITB") CONTRACT NO. 20-21-001 FOR THE SHENANDOAH PARK SWIMMING POOL RENOVATION, WITH RECREATIONAL DESIGN & CONSTRUCTION, INC., A FLORIDA PROFIT CORPORATION ("RDC"), FOR THE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI"), PROVIDING FOR ADDITIONAL SCOPE ITEMS, INCREASING THE EXISTING CONTRACT VALUE BY THE AMOUNT OF TWO MILLION SEVENTY FOUR THOUSAND THREE HUNDRED FOURTEEN DOLLARS AND SEVENTY FIVE CENTS ($2,074,314.75), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM THE CURRENT NOT -TO -EXCEED TOTAL AMOUNT OF NINE MILLION FIVE HUNDRED TWENTY FIVE THOUSAND SIX HUNDRED DOLLARS ($9,525,600.00) TO THE AMENDED NOT -TO -EXCEED TOTAL AMOUNT OF ELEVEN MILLION FIVE HUNDRED NINETY NINE THOUSAND NINE HUNDRED FOURTEEN DOLLARS AND EIGHTY CENTS ($11,599,914.80); ALLOCATING FUNDS FROM OCI PROJECT NO. B-40563, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CIT' MANAGER TO EXECUTE AMENDMENT NO. 1, IN A FORM ACCEPTABLE TQi, THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL `,r� DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, -< -71 RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, "T{ APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WI> ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S r- PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITI? 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. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), and Invitation to Bid ("ITB") Contract No. 20-21-001 for the Shenandoah Park Swimming Pool Renovation, the City Manager executed a construction contract with Recreational Design & Construction, Inc., a Florida profit corporation ("RDC"), for the City of Miami ("City") Office of Capital Improvements ("OCI"), for the total compensation limit of a current not -to -exceed total amount of Nine Million Five Hundred Twenty Five Thousand Six Hundred Dollars ($9,525,600.00); and WHEREAS, the current total compensation limit is insufficient to address the costs associated with the additional scope items for the Shenandoah Park Swimming Pool Renovation; and City of Miami Page 1 of 2 File ID: 14022 (Revision:) Printed On: 5/23/2023 File ID: 14022 Enactment Number: WHEREAS, it is in the best interest of the City to increase the existing contract capacity of ITB Contract No. 20-21-001 with RDC for the successful completion of the project; and WHEREAS, the proposed Amendment No. 1 to ITB Contract No. 20-21-001 with RDC increases the existing contract value by the amount of Two Million Seventy Four Thousand Three Hundred Fourteen Dollars and Seventy Five Cents ($2,074,314.75), thereby increasing the total compensation limit from the current not -to -exceed total amount of Nine Million Five Hundred Twenty Five Thousand Six Hundred Dollars ($9,525,600.00) to the amended not -to - exceed total amount of Eleven Million Five Hundred Ninety Nine Thousand Nine Hundred Fourteen Dollars and Eighty Cents ($11,599,914.80); and WHEREAS, any increase in the current total compensation limit requires City Commission approval; and WHEREAS, funds are to be allocated from OCI Project No. B-40563; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment No. 1 to ITB Contract No. 20-21-001 for the Shenandoah Park Swimming Pool Renovation, with RDC, for OCI, providing for additional scope items, increasing the existing contract value by the amount of Two Million Seventy Four Thousand Three Hundred Fourteen Dollars and Seventy Five Cents ($2,074,314.75), thereby increasing the total compensation limit from the current not -to -exceed total amount of Nine Million Five Hundred Twenty Five Thousand Six Hundred Dollars ($9,525,600.00) to the amended not -to -exceed total amount of Eleven Million Five Hundred Ninety Nine Thousand Nine Hundred Fourteen Dollars and Eighty Cents ($11,599,914.80), is hereby approved. Section 3. Funding shall be allocated from OCI Project No. B-40563, subject to budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute Amendment No. 1, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, modifications, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, ara Firjicial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptabIRto ttt City Attorney, and in compliance with all applicable laws, rules, and regulations, as`�Vy t �J deemed necessary for said purpose. m �= ry Section 6. This Resolution shall become effective immediately upon its acgption. A= �< Zir 1 The herein authorization is further subject to compliance with all legal regulations that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 14022 (Revision:) Printed on: 5/23/2023 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14022 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH RECREATIONAL DESIGN & CONSTRUCTION, INC. ("RDC"), A FLORIDA PROFIT CORPORATION, FOR ADDITIONAL SCOPE ITEMS CONCERNING SHENANDOAH PARK SWIMMING POOL RENOVATION, SOLICITED UNDER INVITATION TO BID ("ITB") NO. 20-21-001, INCREASING THE EXISTING CONTRACT VALUE BY A NOT - TO -EXCEED AMOUNT OF ($ ), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM NINE MILLION FIVE HUNDRED TWENTY FIVE THOUSAND SIX HUNDRED DOLLARS ($9,525,600.00) TO A NOT -TO -EXCEED AMOUNT OF ($ ); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-40563, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN 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 A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-85 of the City Code and Invitation to Bid ("ITB") No. 20-21-001, the City Manager executed a construction contract with Recreational Design & Construction, Inc. (`RDC"), for the provision of construction services for Shenandoah Park Swimming Pool Renovation for nine million five hundred twenty five thousand six hundred dollars ($9,525,600.00); and WHEREAS, the current compensation limit is insufficient to address the costs associated with the additional scope items to Shenandoah Park Swimming Pool Renovation; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the contract with RDC for the project to be successful; and WHEREAS, the proposed Amendment No. 1 to the contract with RDC increasing the existing capacity of the contract by a not -to -exceed amount of ($ ), thereby increasing the existing capacity of the contract from nine million five hundred twenty five thousand six hundred dollars ($9,525,600.00), to a not -to -exceed amount of ($ ); and WHEREAS, any increase in the total compensation limit above those in the original contract requires City Commission approval; and WHEREAS, funds are to be allocated from the Office of Capital Improvements Project No. B-40563. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment No. 1 to the contract with RDC for additional scope items concerning Shenandoah Park Swimming Pool Renovation solicited under ITB No. 20-21-001, increasing the existing capacity of the contract by a not -to -exceed amount of ($ ), thereby increasing the capacity of the contract from nine million five hundred twenty five thousand six hundred dollars ($9,525,600.00), to a not -to - exceed amount of ($ ), is authorized. Section 3. The City Manager is authorized' to execute Amendment No. 1 to the contract with RDC, in a form acceptable to the City Attorney, for said purposes. Section 4. Funding is allocated from the Office of Capital Improvements Project No. B- 40563, subject to budgetary approval at the time of need. Section 5. The City Manager is further authorized to negotiate and execute all other documents, including agreements, amendments, renewals, and extensions subject to allocations, appropriations and budgetary approvals having been previously made, 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, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 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.