2010-27565 Reso RESOLUTION NO. 2010 -27565
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO
JOB ORDER CONTRACT (JOC) NO. 23- 08/09, BETWEEN THE CITY AND UNITECH
BUILDERS, CORP., WHICH PROVIDES FOR UNITECH TO ASSIGN THE JOC
CONTRACT TO DAVID MANCINI AND SONS, INC.
WHEREAS, on July 15, 2009, the Mayor and City Commission approved Job Order
Contract No. 23- 08/09, for Horizontal Construction Projects, dated July 15, 2009, with Unitech
Builders, Corp. (the JOC Contract); and
WHEREAS, Unitech Builders, Corp., also referred to herein as Assignor, now wishes to
assign the JOC Contract to David Mancini and Sons, Inc. (Assignee and /or the new JOC
Contractor); and
WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the JOC
Contract requires the written consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on the new JOC
Contractor and recommends said assignment; and
WHEREAS, the Administration recommends that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to execute the attached Consent to Assignment
and First Amendment to JOC Contract No. 23- 08/09, which shall have an effective date of
December 8, 2010, and remain in effect throughout the remainder of the current term of the JOC
Contract, scheduled to expire on July 14, 2014; and
WHEREAS, notwithstanding the requested assignment, Unitech Builders, Corp. will
continue to be responsible for, and maintain all required warranties and responsibilities for,
previously completed projects and any ongoing project with the City prior to the effective date of
the assignment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a Consent to
Assignment and First Amendment to Job Order Contract (JOC) No. 23- 08/09, dated July 15,
2009, by and between the City and Unitech Builders, Corp., which provides for Unitech Builders,
Corp. to assign the JOC contract to David Mancini and Sons, Inc.
PASSED and ADOPTED this 8fh day of De&& ,er , 2010.
• ii 4 /
Mayor
ATTEST:
(AAA t fa (It bt APPROVED AS TO
City Clerk FORM & LANGUAGE
T: AGENDAl20101December 81ConsentlAssignmentResolution .doc & FOR EXECUTION II``
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving An Assignment Of Job Order Contract (JOC) No. 23-08/09, By And Between The City
And Unitech Builders, Corp., Dated July 15, 2009, For Horizontal Construction Projects, Which Provides For
Unitech Builders, Corp. To Assign Its Contract To David Mancini And Sons, Inc!; Further Authorizing The
Mayor And City Clerk To Execute Same.
Key Intended Outcome Supported:
To ensure well maintained facilities; and to ensure well maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City Commission Approve the assignment?
Item Summary /Recommendation:
Unitech, by letter dated November 17, 2010, has requested that their JOC Contract be assigned to David
Mancini and Sons, Inc. ( "David Mancini "). Pursuant to Section 18.1 of the JOC Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission. Key points of assignment are
as follows:
1. Unitech will continue to honor and maintain all required warranties and responsibilities for previously
completed projects and any ongoing project with the City, as of December 8 2010.
2. Unitech's Performance and Payment Bonds will remain in effect for one year after the date of
acceptance of all completed work.
3. David Mancini and Sons, Inc. agrees to be bound by all legal terms and conditions, responsibilities,
and pricing of the JOC Contract.
4. David Mancini and Sons, Inc. agrees to furnish to the City's Risk Manager, Certificates of Insurance or
endorsements evidencing the required insurance coverage as specified in Article 7, entitled
"Insurance ", on pages 39 and 40 of the JOC Contract.
5. David Mancini and Sons, Inc. agrees to provide Performance and Payment Bonds, each in the amount
of one million dollars ($1,000,000), guaranteeing to City the completion and performance of the work
covered in the JOC Contract, as well as full payment of all suppliers, laborers, and subcontractors,
pursuant to General Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and
Payment Bond ", on pages 36 and 37 of the JOC Contract.
6. David Mancini and Sons, Inc. agrees to provide additional Performance and Payment Bonds, each in
the amount of 100% of the value of any projects assigned that may exceed their initial bonding of
$1,000,000.
THE ADMINISTRATION HAS EXERCISED ITS DUE DILIGENCE ON THE NEW JOC CONTRACTOR,
DAVID MANCINI AND SONS, INC., AND RECOMMENDS APPROVAL OF ASSIGNMENT.
Advisory Board Recommendation:
Financial Information:
Source of Funds: Amount Account Approved
1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Gus Lopez, extension 6641
Sign - Offs:
epartment Director Assistant City Manager City Manager
Je;
GL CWC FB JGG /I1 PDW JMG 0�
T: NDA\2010 \December 8\ Consent \AssignmentltemSummary.doc
MIAMI BEACH AGENDA ITEM C7 F
DATE P-1- /D
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit Gmm l i ssion
FROM: Jorge M. Gonzalez, City Manager
DATE: December 8, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF JOB 1 ORDER CONTRACT
(JOC) NO. 23-08/09, BY AND BETWEEN THE CITY AND UNITECH BUILDERS, CORP. ,
DATED JULY 15, 2009, FOR HORIZONTAL CONSTRUCTION PROJECTS, WHICH
PROVIDES FOR UNITECH BUILDERS, CORP. TO ASSIGN ITS CONTRACT TO DAVID
MANCINI AND SONS, INC.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SAME.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To ensure well- maintained facilities; and
To ensure well- maintained infrastructure.
ANALYSIS
Based on the results of the City's JOC program coupled with the high volume of anticipated
construction projects, the City issued on March 24, 2009, six (6) separate Invitations to Bid
(ITB) for the various categories of construction - related work:
• ITB 22 -08/09 — Vertical
• ITB 23 -08/09 — Horizontal
• ITB 24 -08/09 — Electrical
• ITB 25 -08/09 — Mechanical
• ITB 26 -08/09 — Waterproofing /Painting
• ITB 27 -08/09 — Roofing
On April 24, 2009, the City received sixty -two (62) bids overall by forty -eight (48) contractors.
A Technical Review Panel convened and reviewed all bids received and participated in
interviewing twenty -four (24) shortlisted contractors, who were represented by their
respective project managers, site superintendents, and cost estimators.
At its July 15, 2009 meeting, the Mayor and City Commission awarded Job Order Contract
No. 23- 08/09, for horizontal construction projects, to the following contractors:
4
JOC Contract Assignment
December 8, 2010
Page 2 of 4
1. Carivon Construction Co.;
2. Downrite Engineering Corp.;
3. Envirowaste Services Group;
4. GEC Associates, Inc.;
5. H.A. Contracting Corp.;
6. Ric -Man International, Inc.; and
7. Unitech Builders Corp.
Downrite Engineering failed to provide the required Performance and Payment Bonds;
therefore, the City did not enter into an agreement with Downrite Engineering. All other
contractors, including Unitech Builders Corp. (Unitech), provided all the necessary
documents, bonds, and insurance certificates, and executed JOC agreements with an
effective date of July 15, 2009.
It is important to note that Unitech has the lowest adjustment factors of any of the horizontal
contractors for overtime and non - prepriced work. Also, Unitech has the second lowest
adjustment factor of any of the horizontal contractors for normal time work. Therefore, if the
City Commission approves the assignment of contract, David Mancini and Sons, Inc. will be
bound by the same low adjustment factors currently under Unitech's contract.
CONTRACTOR NORMAL TIME OVERTIME NON - PREPRICED
Carivon Construction 1.0287 1.0315 1.0660
Envirowaste 1.0223 1.0456 j 1.0500
GEC Associates 1.0000 1.0200 j 1.0660
H.A. Contracting 1.0190 1.0456 1.0660
Ric -Man International 1.0223 1.0456 1.0158
Unitech Builders 1.0060 1.0060 1.0060
The aforementioned adjustment factors represent the contractor's only adjustment to the
prices published in the Construction Task Catalog and must include all indirect costs such
as overhead, profit, payment and performance bonds, insurance, design and contingency
costs.
Unitech, by letter dated November 17, 2010, has requested that their JOC Contract be
assigned to David Mancini and Sons, Inc. ( "David Mancini "). See attached letter from
Unitech. Pursuant to Section 18.1 of the JOC Contract, assignment of the JOC Contract
requires the written consent of the Mayor and City Commission.
The potential value of the contract is $23,562,646. The dollar amount is based on the
Unitech's contract having a maximum value of $25 million over five (5) years. Since July
2009, Unitech has been issued work valued at $1,437,353.38.
The Administration has exercised its due diligence on the new JOC Contractor, David
Mancini and recommends said assignment based on the following:
KEY PERSONNEL
David Mancini has put together a qualified team of design and construction professionals
who have demonstrated the ability to successfully perform and execute projects. The key
personnel of David Mancini and Sons are as follows:
JOC Contract Assignment
December 8, 2010
Page3of4
1. David Mancini, President. Mr. Mancini has over 30 years construction experience
in South Florida. He is currently holds a state of Florida; Underground Utility
License ( #CU- C0442220).
Until recently, Mr. Mancini was President of Ric -Man International where he
oversaw up to $35 million in projects.
Some of the key projects listed in Mr. Mancini's resume include:
a. Washington Avenue Improvements. Over '/Z mile of complete roadway,
infrastructure and beautification improvements along a heavy pedestrian and
retail /hotel corridor. Project consisted of drainage, water mains, sidewalks
and curbs & gutters, landscaping, gravity wells, roadway, signalization,
lighting and markings.
b. Miami River Water Main Project. Over 800 feet of new 30" water main
designed as open cut but converted by Mr. Mancini to design /build directional
drill, which resulted in saving Miami -Dade county time and money and
resolving easement issues. Project consisted of directional drilling water
main under river, sidewalks and curb & gutters, and roadway restoration.
c. Replacement of 48" Force Main. Over 5,000 feet of 48" PCCP removal in
right -of -way replaced with 48" DIP in 8 months including design, permits and
construction.
d. Broward County Broadview Neighborhood. Over 120,000 feet of water
mains throughout a 470 residential neighborhood. This project also required
service connections on private property behind homes.
2. Albert Dominguez, Project Manager. Mr. Dominguez was the Senior Project
Manager with Ric -Man International, and he was responsible for managing over
$27 million of capital improvements projects. He is a licensed Professional
Engineer.
Some of the key projects listed in Mr. Dominguez's resume include:
a. Nautilus Neighborhood No. 7 Improvements. Project consisted of installing
a new water main and connecting homes in front and rear, drainage
improvements including more than 250 structures, 18,000 LF of drainage
pipe, and six (6) pump stations, lighting landscaping, and hardscape
improvements throughout. Construction had to content with
accommodating the needs of the 772 residents and two (2) schools.
b. Lumus Neighborhood Improvements. Project consisted of refurbishing 10
urban streets with over 13,000 LF of water main, and drainage pipe. Close
coordination with 119 business owners, 485 residents, public
transportation, schools, restaurants, valet parking and night clubs.
JOC Contract Assignment
December 8, 2010
Page4of4
BONDING CAPACITY
David Mancini and Sons, Inc. has a total program bonding capacity of $100 million. Their
Surety, Liberty Mutual Insurance Company, carries an A.M. Best Rating of A, which is
considered excellent. See attached letter from Nielson, Hoover & Associates, dated
November 22, 2010.
KEY POINTS OF ASSIGNMENT
1. The Consent to Assignment and First Amendment to the JOC Contract, will have an
effective date of December 8, 2010, and remain in effect throughout the remainder of
the current term of the JOC Contract, scheduled to expire July 14, 2014.
2. Unitech will continue to honor and maintain all required warranties and
responsibilities for previously completed projects and any ongoing project with the
City, as of December 8, 2010.
3. Unitech's Performance and Payment Bonds will remain in effect for one year after
the date of acceptance of all completed work.
4. David Mancini and Sons, Inc. agrees to be bound by all legal terms and conditions,
responsibilities, and pricing of the JOC Contract.
5. David Mancini and Sons, Inc. agrees to furnish to the City's Risk Manager,
Certificates of Insurance or endorsements evidencing the required insurance
coverage as specified in Article 7, entitled "Insurance ", on pages 39 and 40 of the
JOC Contract.
6. David Mancini and Sons, Inc. agrees to provide Performance and Payment Bonds,
each in the amount of one million dollars ($1,000,000), guaranteeing to City the
completion and performance of the work covered in the JOC Contract, as well as full
payment of all suppliers, laborers, and subcontractors, pursuant to General
Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and Payment
Bond ", on pages 36 and 37 of the JOC Contract.
7. David Mancini and Sons, Inc. agrees to provide additional Performance and Payment
Bonds, each in the amount of 100% of the value of any projects assigned that may
exceed their initial bonding of $1,000,000.
The attached consent to assignment and resolution has been reviewed and form approved
by the City Attorney's Office.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
assignment of JOC Contract No. 23 -08/09 from Unitech Builders, Corp., to David Mancini
and Sons, Inc.
T:IAGENDAl2010 \December 81Consent1AssignmentUnitech.doc
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Nell NIELSON, HOOVER & ASSOCIATES
November 22, 2010
El
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• 0
City of Miami Beach, Florida
City Hall
0 1700 Convention Center
• Miami Beach, Florida 33139
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a
a
RE: DAVID MANCINI & SONS, INC.
H
z Gentlemen:
0
R. This is to advise you that our office provides suretyship for David Mancini & Sons, Inc. Their Surety is
o Liberty Mutual Insurance Company, which carries an A. M. Best Rating of A (Excellent), Financial Size
Category of XV, and is listed in the department of the Treasury's Federal Register. David Mancini &
Sons, Inc. has a bonding capacity on individual projects of $25,000,000 and a total
about $100,000,000. program capacity of
o
z
Q Based upon normal and standard underwriting criteria at the time of request, we should be in a position
to provide Performance and Payment Bonds for David Mancini & Sons, Inc. It must be understood,
o however, that we reserve the right to review all contractual documents prior to final commitment to issue
06 any bonds.
z
0
w David Mancini & Sons, Inc. is an excellent contractor and we hold them in high regard. We feel
z extremely confident in them and encourage you to offer them an opportunity to execute any upcoming
projects. .
H
V
This letter is not an assumption of liability, nor is it a bid or performance and payment bond. It is issued
w
only as a bonding reference requested by our respected client.
Please understand that our willingness to provide surety on this or any project is predicated upon specific
z criteria at the time of the bond request including, but not necessarily limited to, a review of all contract
• documents, bond forms, financing and all other pertinent underwriting factors.
0
c
8 If I can provide any additional information on this fine company, please do not hesitate to give me a call
at (305) 722 -2663.
Z
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S' r
,,,
C rles J ielson
President
8000 Governors Square Boulevard
Suite 101
Miami Lakes, FL 33016
P: 305.722.2663
F: 305.558.9650
www.nielsonbonds.com
IIITECIL 8 OILDEDS, 2NR,
•
•
•
• November 17, 2010
Theo Carrasco, Ph.D., Procurement Coordinator
City of Miami Beach Procurement Division
•
1700 Convention Center Drive
Miami Beach, FL 33139
•
RE: Assignment of lob Order Contract !TB 23 -08/09
Mr. Carrasco:
•
.. Unitech Builders would like to assign Job Order Contract No 23 08/09 Horizontal •
Citywide Services with the City of Miami Beach to David Mancini and Sons, Inc.
This assignment will be effective upon City Commission approval on 8,
2010.
•
If you have any questions, please do not hesitate to contact me.
Thank you,
•
•
•
Anthony R Gomez
President
•
•
•
•
•
•
•
16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305259.1980 - Fax 305.259.1970
CGC # 054992