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Home My WebLink AboutR-19-0205City of Miami 1 i.RR cl Legislation alldl 1 l + Resolution: R-19-0205 File Number: 5878 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/23/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PRICE PROPOSAL RECEIVED ON MARCH 18, 2019, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 18-19-005, FROM KEARNS CONSTRUCTION, CO. ("KEARNS"), THE SOLE LOWEST RESPONSIVE AND RESPONSIBLE PROPOSER, TO PROVIDE DESIGN -BUILD SERVICES FOR THE DINNER KEY MARINA REPAIRS AND RESTORATION PROJECT, IN THE AMOUNT OF $16,880,381.00 FOR THE SCOPE OF WORK, PLUS ADDITIVE ALTERNATIVES #1, AND #3 THROUGH #8, IN THE AMOUNT OF $3,919,619.00, PLUS AN OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF $1,688,038.00, FOR A TOTAL NOT -TO -EXCEED AWARD VALUE OF $22,488,038.00, ON A PHASED BASIS; ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") GENERAL FUND, FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), SANITARY SEWER BONDS, AND ADDITIONAL SOURCES OF LEGALLY AVAILABLE FUNDING YET TO BE DETERMINED; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED DESIGN - BUILD AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO ISSUE NOTICES TO PROCEED AS REQUIRED ON A PHASED BASIS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE COST OF AND EXECUTE ANY AMENDMENTS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRED TO COMPLETE ANY SUBSEQUENT PROJECT PHASES WITHOUT FURTHER CITY COMMISSION APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH 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, on November 7, 2018, the Department of Procurement ("Procurement") issued Request for Proposals ("RFP") No. 18-19-005 for design -build services for Dinner Key Marina Repairs and Restoration Project ("Project"); and WHEREAS, three (3) proposals were received by the Office of the City Clerk on December 6, 2018 in response to the Step 1 RFP submittal; and City of Miami Page 1 of 3 File ID: 5878 (Revision:) Printed On: 6/3/2019 File ID: 5878 Enactment Number: R-19-0205 WHEREAS, Kearns Construction, Co. ("Kearns") was found to be the sole responsive and responsible Proposer after Procurement completed the due diligence effort on all three responses; and WHEREAS, Kearns submitted Technical and Price Proposals to the Office of the City Clerk on March 18, 2019 in response to the Step 2 RFP submittal; and WHEREAS, an Evaluation Committee and a subsequent Negotiation Committee appointed by the City Manager on December 5, 2018 and April 5, 2019, respectively, have determined Kearns to be the lowest responsive and responsible Proposer; and WHEREAS, the City Manager requests authorization to execute an Agreement with Kearns, in substantially the attached form, in the amount of $16,880,381.00 for the scope of work, plus Additive Alternatives No. 1, and No. 3 through No. 8 in the amount of $3,919,619.00, plus an Owner's Contingency Allowance in the amount of $1,688,038.00, for a total not -to - exceed award value of $22,488,038.00, on a phased basis; and WHEREAS, due to the Project being executed in three (3) Phases, 1 through 3, included herein as Exhibit "A," the City Manager will have delegated authority to issue Kearns the appropriate Notices to Proceed for each phase, once the previous phase has obtained a Temporary Certificate of Occupancy issued by the authority having jurisdiction; and WHEREAS, funds in the amount of $22,488,038.00 are to be allocated from the City's General Fund, Florida Inland Navigation District ("FIND"), Sanitary Sewer Bonds, and other additional legally available sources of funding yet to be determined; 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 Price Proposal received March 18, 2019, pursuant to RFP No. 18-19- 005, from Kearns, the lowest responsive and responsible Proposer, to provide design -build services for the Project in the amount of $16,880,381.00 for the scope of work, plus Additive Alternatives No. 1, and No. 3 through No. 8 in the amount of $3,919,619.00, plus an Owner's Contingency Allowance in the amount of $1,688,038.00, for a total not -to -exceed award value of $22,488,038.00, on a phased basis, is accepted. Section 3. Funds to be allocated from the City's General Fund, FIND, Sanitary Sewer Bonds, and other additional legally available sources of funding yet to be determined. Section 4. The City Manager is authorized' to execute the Agreement with Kearns, in substantially the attached form, consisting of the RFP documents and attachments. Section 5. The City Manager is further authorized' to negotiate the cost of and execute any amendments to the Agreement, in a form acceptable to the City Attorney, required to complete any subsequent project phases without further City Commission approval. City of Miami Page 2 of 3 File ID: 5878 (Revision:) Printed on: 6/3/2019 File ID: 5878 Enactment Number: R-19-0205 Section 6. The City Manager is further authorized' to issue Kearns the appropriate Notices to Proceed for each phase, once the previous phase has obtained a Temporary Certificate of Occupancy issued by the authority having jurisdiction. Section 7. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments and extensions, subject to allocations, appropriations, and budgetary approval having been previously made, and in compliance with 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, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 8. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 Una nde�z ity Attor iey 5/1412019 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 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 Miami Page 3 of 3 File ID: 5878 (Revision:) Printed on: 6/3/2019