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HomeMy WebLinkAboutExhibitCITY OF MIAMI AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH J.R.T. CONSTRUCTION CO. FOR THE COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) PROJECT NO.: B -30182B This Amendment No. 1 to the Invitation to Bid ("ITB") No. 13-14-027 Contract dated March 4, 2015 (the "Contract"), between the City of Miami, a municipal corporation of the State of Florida ("City"), and J.R.T. Construction Co. ("Contractor"), a Florida profit corporation, for the Coconut Grove Waterfront Masterplan (Regatta Park), B -30182B ("Project"), is entered into this day of , 2016. RECITALS WHEREAS, pursuant to Resolution No. 14-0372, adopted September 29, 2014, the City Commission authorized the execution of a Contract with J.R.T. Construction Co. ("JRT") for the Coconut Grove Waterfront Masterplan ("Regatta Park"), Capital Improvement and Transportation Program Project No. B -30182B ("Project"), in the amount of $6,136,725.00 for Phase 1 of the scope of work, plus a six percent (6%) owner contingency in the amount of $368,203.50, for a total not to exceed award value of $6,504,928.50; and WHEREAS, various design revisions to the Phase I Plans and associated quantity adjustments resulted in cost savings in the amount of $252,930.73 and allowed for completion of the Phase I Plans for the total amount of $5,883,794.21, with a remaining contract capacity in the amount of $621,134.29; and WHEREAS, the City has determined it is in its best interest to complete the Alternate Phase II and Alternate Phase ill Plans in an amount of $2,082,781.00, is necessary to accommodate completion of the Project; and WHEREAS, this Amendment No. 1 increases the Contract by the amount of $1,669,924.81 and is comprised of the following breakdown: the cost of the Alternate Phase II and Alternate Phase III Plans in the amount of $2,082,781.00, plus a ten percent (10%) owner contingency for the same in the amount of $208,278.10, minus the remaining contract capacity in the amount of $621,134.29 thereafter design revisions and completion of the Phase I Plans, thereby resulting in need for an increase in the Project award value from the above stated amount of $6,504,928.50 to an amount not to exceed the Project award value of $8,174,853..31; and WHEREAS, additional work in the amount of $2,082,781.00 is necessary to accommodate completion of Alternate Phase II in the amount of $1,186,230.00 and Alternate Phase III in the revised amount of $896,551.00, plus a ten percent (10%) owner construction contingency in the amount of $208,278.10, minus the remaining contract capacity in the amount of $621,134.29, thereby increasing the award value from $6,504,928.50 to an amount not to exceed $8,174,853.37; NOW THEREFORE, for the considerations hereinafter set forth: The Contract is hereby amended as follows: Contractor is authorized to complete Alternate Phase II and Alternate Phase III of the Project as described in Contract Section 1 — Instructions for Submission, Subsection 4. Performance of the Work; 2. The Contract Section 1 — Instructions for Submission, Subsection 2. Scope of Work, is hereby amended to include the design revisions and associated quantity adjustments to the Alternate Phase III Plans; the Alternate Phase III Bid Amount as reflected on the Contract Section 4 — Bid Form is hereby increased from Seven Hundred Thirty Eight Thousand Seven Hundred Ninety One Dollars ($738,791.00) to Eight Hundred Ninety Six Thousand Five Hundred Fifty One Dollars ($896,551.00), and the Alternate Phase II Bid Amount of One Million One Hundred Eighty Six Thousand Two Hundred Thirty Dollars ($1,186,230.00) remains unchanged, totaling the Two Million Eighty Two Thousand Seven Hundred Eighty One Dollars ($2,082,781.00) necessary for completion of these two (2) remaining phases of the Project; 3. The amount as reflected on Contract Section 6 — Contract Execution Forms plus a six percent (6%) contingency previously authorized by the City, is hereby increased by One Million Six Hundred Sixty Nine Thousand Nine Hundred Twenty Four Dollars and Eighty One Cents ($1,669,924.81), thereby increasing the total Project award value from Six Million Five Hundred Four Thousand Nine Hundred Twenty Eight Dollars and Fifty Cents ($6,504,928.50), to an amount not to exceed Eight Million One Hundred Seventy Four Thousand Eight Hundred Fifty Three Dollars and Thirty One Cents ($8,174,853.31). 4. This construction Contract increase does not include any administration "soft" costs. 5. All other terms and conditions of the Contract are in effect and remain unchanged. I) THE CITY OF MIAMI, FLORIDA ATTEST: By: Todd B. Hannon, City Clerk (Affix City Seal) APPROVED AS TO LEGAL FORM CORRECTNESS: By: Victoria Mendez, City Attorney ATTEST: CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: Daniel J. Alfonso, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: Ann -Marie Sharpe, Director Risk Management Department CONTRACTOR J.R.T. CONSTRUCTION CO., a Florida corporation By: By: Corporate Secretary Jeovanni R. Tarafa, President (Affix Corporate Seal) 3 n�City Hall i Xt tit M City o'� M I am L 3500 Pan American t Drive t*1i p., Legislation Miami, Fl- 33133 www.miamigov.com Resolution: R-14-0372 File Number: 14-00920 Final Action Date: 9/29/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT ATTACHMENT "A," WITH "ATTACHMENT A - 9/10/14 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. WHEREAS, Ordinance No. 13045, adopted December 11, 2008, amending Chapter 18, Article III of the Code of the City of Miami, Florida, as amended ("City Code"), the "Procurement Ordinance," enacted a new Section 18-117 entitled "Economic Stimulus Awards & Agreements" ("Section"); and WHEREAS, the new Section established measures to stimulate the local economy, by creating a process to expedite the award of professional services agreements and contracts for certain projects identified in an Attachment "A" of said ordinance; and WHEREAS, said ordinance authorized the City Manager to advertise for, receive, review, reject, and evaluate responses and award contracts for the listed projects; and WHEREAS, pursuant to City Code Section 18-117(b), the City Commission may add or delete projects from Attachment "A" by passage of resolutions; and WHEREAS, as these projects require efficiency across planning, procurement, and implementation of program components, the Capital Improvements and Transportation Program ("CITP") and the City Manager recommend amending Attachment "A," by replacing it with the attached "Attachment A 9/10/14 REVISED," which includes upcoming CITP solicitations and construction projects; and WHEREAS, pursuant to City Code Section 18-117(e), amongst the requirements for such a project, the Office of Management and Budget will perform a review of budget availability prior to the time of award of any contract; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. An Amendment of the City of Miami's list of expedited projects, pursuant to Ordinance No. 13045, adopted December 11, 2008, by replacing the current Attachment "A," with attached "Attachment A - 9/10/14 REVISED," attached and incorporated, is authorized, for the purpose of including upcoming capital improvement solicitations and projects. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1) City of Mia nii Page 1 of 2 File Id: 14-00920 (Version: 1) Printed On 21212016 File Number: 14-00920 Footnotes: Enactment Number: R-14-0372 {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miatiti Page 2 of 2 File Irl: 14-00920 (Version: 1) Printed On: 21212016 ECONOMIC STIMULUS - Expedite Legislation Attachment "A" - 9110/14 (REVISED) Fr. I -A �" I Mlffil".Rfid. B -307N4 i"33r'd' Street Roava Improve I added- solicitation .30 , y,221nln, B-40466 Antonio, Maceo Com Building nit� t t 11 - d. solicitation uo"m Kinloch Perk BUildingAddition I added- upcomino solicitation.-_ B -30182A Coconut Grove Waterfront Master Plan (Regatta Park) 2 added- uocomm o solicitation B-3062$ Bird Avenue 2 added- upcoming solicitation 13-31206 SE 3rd Street lmlrovements Desi 2 added- upcoming solicitation Coconut Grove Business Improvement District Sidewalk 2 —ad--d—edupcoMing solicitation 13-30646 South Ba shore Drive Roadway and DrainageImprovements 2 ming solicitation B-30836 South Grove Phase 2 Roadway and Drainage Improvements 2 added- upcoming solicitation B-30606 DWNTWN Sidewalk and Street Improvements Fla ler 2 added- upcoming solicitation B-30731 Miami Women's Club Seawall & Ba alk 2 added- upc minsolicitation B-60404 I Shenandoah/Silver Bluff Roadway Improvement Projeot 4 added- upcoming solicitation B-30011 Enqlewood Storm Sewer PhIll 4 added- upcoMing solicitation B-78508 NE 2 Avenue Roadway Improvements - Segments: A, 133 & D 25 added- upcoming solicitation B-50643 Wagner Creek & Seybold Canal Dredging Project 1,5 added- upcoming solicitation B -30865G Environmental Remedlation Cit lde OW added- upcoming solicitation B-30624 Overtown Greenway 6 added- upcoming solicitation B-30631 Miami River Greenway-Miaml Circle to S, Miami Ave 2 added- upcoming solicitation yt! m N/A miscellaneous Environmental Services RFQ GW added- upcoming solicitation File Number: 08-01316 City Hall 3500 Pan American Drive Miami, FL 33133 www.mamigov.com Final Action Date: 12/11/2008 AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires- to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment "A," related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:0) "CHAPTER 18 City of 1Miand Page 1 of 4 File id: 08-01316 (Version: 2) Printed On: 2/2/2016 City ®f Miami "£i°t'�e¢ez a"sarcn r, Legislati®n E Ordinance: 13045 File Number: 08-01316 City Hall 3500 Pan American Drive Miami, FL 33133 www.mamigov.com Final Action Date: 12/11/2008 AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires- to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment "A," related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:0) "CHAPTER 18 City of 1Miand Page 1 of 4 File id: 08-01316 (Version: 2) Printed On: 2/2/2016 File Number: 08-01316 Enactment Number: 13045 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. Economic Stimulus Awards and Agreements. (1) This ordinance, to be known as the Economic Stimulus Awards and Agreements, is intended to provide an expedited process to award contracts related to certain capital construction projects, identified in Attachment "A" or by City Commission Resolution, with the express purpose of stimulating the local economy. (2) The expedited process set forth herein, shall be applicable to the processing, design, and construction of capital improvement projects identified in Attachment A. The City Commission may, from time to time, by passage of resolutions, add or delete projects from the list of Economic Stimulus Projects to which this Section applies. (3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Planning, Budgeting, and Performance to ensure funding is available for each protect. (4) Notwithstanding any other provision of the Code of the City of Miami ("Cit Code"), including, without limitation, the City of Miami Procurement Ordinance, to the contrary, the City Manager or his / her designee shall have the following authority only with respect to the identified Economic Stimulus Projects: (a) To appoint evaluation, selection and negotiation committees to obtain professional services as defined by and in accordance with � 287.055, Fla. Stat„ ( "The Consultant's Competitive Negotiation Act or CCNA") as amended, eliminating the requirements of Section 18-542 (12) requiring that the majority of evaluation committee be from the public, and provided that each such committee should contain, whenever possible , representation from the user department. (b) To issue bid and proposal documents including addenda thereto. (c) To receive, open, review and evaluate bids and proposals. (5) The City Manager may award and execute contracts including professional services agreements and construction contracts in accordance with & 255.20, Fla. Stat. , ("Local bids and contracts for public construction works")as amended, without City Commission approval and issue the Notice to Proceed on each where: (a) The award value of the contract has been reviewed approved by the Office of Strategic Planning, Budgeting, and Performance; and (b) The value of the recommended award does not exceed the estimated cost of construction by more than ten (10) percent; and (c) At least three bids are received from responsive and responsible bidders; and City of Miami Page 2 of 4 File Id: 08-01316 (Version: 2) Printed On: 2/2/2016 File Number: 08-01316 Enactment Number: 13045 (d) The contractor or professional services firm receiving the award is in good standing with the City including but not limited to having no outstanding debts to the City and proves demonstrated acceptable past performance, and (e) The contractor has submitted required insurance, bonds, affidavits, and documentation required by the solicitation; and (f) None of the bidders or proposers have timely filed a bid protest (6) The city manager shall submit to the city commission, on a bi-monthly basis, a listing of any contracts including the names of the firms, the names of the protects, and the amount of compensation of any contracts the city manager has awarded under this section. (7) Excepting for the execution of contracts, the city manager may delegate his or her duties under this section to the director of the capital improvements programs, the chief procurement officer or the administrative head of the user agency. All contracts awarded under this section shall be in a form acceptable to the City Attorney. (8) Contract contingency allowances of ten (10) percent for Economic Stimulus Projects will be utilized to minimize disruptions in the flow of the work. Change orders will be submitted for City Commission approval if they increase the contract contingency as set forth herein. Such change orders will include a report on the draws against the initial contingency. (9) This Ordinance shall sunset upon completion of the approved list of projects, as may be amended unless this Ordinance is earlier repealed by the City Commission. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} Footnotes: City of Miami Page 3 of 4 File Id: 08-01316 (version: 2) Printed On: 2/2/2016 File Number: 08-01316 Enactment Number: 13045 {1} Words/and or figures stricken through shall be deleted. Underscored Words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Mianti Page 4 of 4 File Id: 08-01316 (version: 2) Printed On; 212/2016