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2016-29628 Reso RESOLUTION NO 2016-29628 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND WAIVING, BY 5/7TH VOTE, THE CITY'S COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE CITY'S AGREEMENT WITH ATLANTIC PAVING CO., INC. FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES ACROSS THE CITY, PURSUANT TO INVITATION TO BID (ITB) NO. 2016-002-KB, WITH A TOTAL CONTRACT SUM IN AN AMOUNT NOT-TO-EXCEED $1,536,097. WHEREAS, on October 14, 2015, the City Commission approved the award of a contract to Atlantic Paving Co., Inc., pursuant to Invitation To Bid (ITB) No. 2016-002-KB for Painting and Striping of Dedicated Bicycle Lanes, for the bicycle lanes on 16th Street, between Alton Road and Washington Avenue (the "Agreement"); and WHEREAS, pursuant to the Agreement, the City's cost to paint and stripe dedicated bicycle lanes on 16th Street was $130,986.00, which calculates to $6.50 per square foot; and WHEREAS, the City's Bicycle/Pedestrian Master Plan recommends that the City paint green all existing bike lanes within City boundaries, in order to enhance bicycle safety and raise driver awareness of bicycle facilities; and WHEREAS, on March 9, 2016, the Mayor and City Commission authorized Amendment No. 1 to the Agreement, and increased the total contract sum to a not-to-exceed amount of $886,000, for the painting of the following additional bike lanes throughout the City: • Alton Road, from South Pointe Drive to 5th Street, including South Pointe Drive from Alton Road to Ocean Drive • Prairie Avenue from 28th Street to 44th Street • Royal Palm Avenue from 42nd Street to 47th Street • 47th Street from Pine Tree Drive to Alton Road; and WHEREAS, although authorized as part of Amendment No. 1, the segment along Prairie Avenue from 28th Street to 34th Street was deferred due to imminent roadway construction occurring in the Central Bayshore South neighborhood as part of an ongoing Capital Improvement Project; and WHEREAS, in order to protect the public safety of the City's residents and visitors, and especially the City's cyclists, the City desires to paint and stripe bicycle lanes on additional streets as quickly as possible, including the following streets: • The portions of the Venetian Causeway within the City's boundaries, from east end of San Marco Island to the east end of the Venetian Causeway just west of Purdy Avenue, in the estimated amount of$383,409; and WHEREAS, in the proposed Amendment No. 2, the Administration is also seeking retroactive approval for the painting and striping of two segments for the amount of $266,688 (namely, Dickens Avenue from 71st Street to 79th Street, and Byron Avenue from 82nd Street to 87th Terrace), as these two segments are in close proximity to schools and were assigned to the Contractor this past summer in order to expedite completion prior to the beginning of the school year; and WHEREAS, the City's Transportation Department has determined that the $6.50 per square foot price quoted by the Contractor for all of its work is a reasonable price to paint and stripe dedicated bicycle lanes on the additional streets specified herein; and WHEREAS, as the total estimated value of the work for the aforementioned streets is $650,097, the Administration recommends increasing the total contract value from $886,000 to $1,536,097; and WHEREAS, Atlantic Paving was the lowest, responsible, and responsive bidder to the ITB and has performed the bulk of all dedicated bicycle lane painting across Miami-Dade County; and WHEREAS, due to the fact that Amendment No. 2 will greatly expand the scope of the Agreement, the City Commission is required to waive, by 5/7ths vote, the City's competitive bidding requirement, in order to approve the Amendment; and WHEREAS, because of the urgent need to protect cyclists traveling along the City's streets, the City Manager recommends that the City Commission waive the City' s competitive bidding requirement. 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 accept the City Manager's recommendation and waiving, by 5/7th vote, the City's competitive bidding requirement finding such waiver to be in the best interest of the City, and approving and authorizing the Mayor and City Clerk to execute Amendment No.2 to the City's Agreement with Atlantic Paving Co., Inc. for the painting and striping of dedicated bicycle lanes across the City, pursuant to Invitation to Bid (ITB) No. 2016-002-KB, with a total contract sum in an amount not to exceed $1,536,097. PASSED AND ADOPTED this 7 day of November, 2016. ," ATTEST: Philip L-vi e'/Pryor B X44 '4/ � Rafael E. Granado, Ci ' "' ..1 1 ,� 00•••--....,2 APPROVED AS TO ` �"��;�` FORM&LANGUAGE • * E INCORP ORATED-' * I, FO ION = • °116 % blilltnammt H 2 ► A►g AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATLANTIC PAVING CO., INC FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES This Amendment No. 2 (Amendment) to the Agreement is entered into this 022 day of /*rem 464K , 2016 (Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Atlantic Paving Co., Inc., a Florida Corporation, having its principal place of business at 8309 NW 70 Street, Miami, FL 33166 (Contractor), and hereby amends the Agreement as follows: RECITALS WHEREAS, on October 2, 2015, the Procurement Department issued Invitation to Bid No. 2016-002-KB for Painting And Striping Of Dedicated Bicycle Lanes (the "ITB"), a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, on October 14, 2015, the City Commission approved the award of contract to Atlantic Paving Co., Inc., to paint and striped dedicated bicycle lanes for 16 Street, from Washington Avenue to Alton Road, which services include furnishing of all supervision, labor, materials, tools, equipment and performing all operations required to construct the work in accordance with the ITB (the "Agreement"); and WHEREAS, the Agreement stipulated a contract sum for the project of $130,986.00, which calculates to $6.50 per sq. ft.; and WHEREAS, the Agreement, pursuant to Section 0200, "Instructions to Bidders," subsection 73. "Additional Services," allows for services to be added to the Agreement; and WHEREAS, on March 9, 2016, the Mayor and City Commission adopted Resolution No. 2016-29312, waiving by 517th vote the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approving Amendment No. 1 to the Agreement, which increased the contract sum to an amount not-to-exceed $886,000 for painting and striping of specified additional locations; and WHEREAS, on November 9, 2016, the Mayor and City Commission adopted Resolution No. , waiving by 5/7th vote the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approving Amendment No. 2 to the Agreement; said Amendment increasing the scope of the work to include additional bike lane locations specified below, and increasing the total contract sum to a not-to-exceed amount of$1,536,097; and WHEREAS, City staff has determined that $6.50 per sq. ft. is a reasonable price for the Additional Services required; and WHEREAS, the painting and striping of dedicated bicycle lanes included in the original scope of work and the Additional Services, as approved by Amendment No. 1 and this Amendment No. 2, shall be referred to herein as the "Bundled Bike Lanes Project." NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment No. 2. 2. MODIFICATIONS. The Agreement is hereby modified as follows: a. The Agreement is hereby amended to include, as Additional Services, the painting and striping of the following locations, for an additional cost not to exceed $650,097, including: i. Additional Locations: • Venetian Causeway, from east end of San Marco Island to the east end of the causeway, west of Purdy Avenue ($383,409); and ii. Additional bike lane segments: • Dickens Avenue from 71st Street to 79th Street, and Byron Avenue, from 82nd Street to 87`h Terrace (collectively, $266,688). b. The original scope of work and the Additional Services, as approved by Amendment No. 1 and this Amendment No. 2, shall be referred to herein as the "Bundled Bike Lanes Project." c. The time for completion of the Agreement is hereby extended through and including the date of work required pursuant to the Bundled Bike Lanes Project is completed by the Contractor and accepted by the City. 3. RATIFICATION. Except as amended herein and in Amendment No. 1, all other terms and conditions of the Agreement, shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment No. 2 and the Agreement, the provisions of this Amendment No. 2 shall govern. Page 2 of 3 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH FLORIDA ATTEST: ..„‘ .T`s1C_ , ; . afael E. Granac,o, se � l-.."�� f'.�. 'Philip L- �i� - /. ayor !,:ltr.\-.MCC)BP ORATED: Date �4 ,,'tote FOR CONSULTANT: ATLANTIC PAVING CO., INC. ATTEST: i - ti By: • % ( e916 . . e e pry ( Pres'dent illjr 401 1 a-Al/VCl �/( 0/D (fcf ( Prin Name Print Na t 6--- ( cQ //// 57/4. Date Date APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION j;---L06.--(--7 [ I City Attorney Rp,te Date Page 3 of 3 Resolutions -C7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 9, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND WAIVING, BY 5/7TH VOTE, THE CITY'S COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE CITY'S AGREEMENT WITH ATLANTIC PAVING CO., INC. FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES ACROSS THE CITY, PURSUANT TO INVITATION TO BID (ITB) NO. 2016-002-KB, IN AN AMOUNT NOT TO EXCEED $1,400,000. RECOMMENDATION Adopt the Resolution ANALYSIS The Bicycle/Pedestrian Master Plan recently adopted by the City Commission includes the recommendation for painting green all existing bike lanes within City boundaries in order to enhance bicycle safety and raise driver awareness of bicycle facilities. On October 14, 2015, the City Commission approved the award of a contract, pursuant to Invitation To Bid (ITB) No. 2016-002-KB for Painting and Striping of Dedicated Bicycle Lanes, to Atlantic Paving Co. for 16th Street Bicycle Lanes from Alton Road to Washington Avenue. The scope of the work included furnishing all supervision, labor, materials, tools, and equipment; and performing all operations required to construct the Work in accordance with the Contract Documents. The contract stipulated a lump sum cost for the project of $130,986.00, which calculates to $6.50 per sq. ft. The contractor successfully completed the required work. On March 9, 2016, the Mayor and City Commission authorized Amendment No. 1 to the Agreement with Atlantic Paving Co., Inc. for the painting of the following additional bike lanes throughout the City: • Alton Road,from South Pointe Drive to 5th Street, including South Pointe Drive from Alton Road to Ocean Drive • Prairie Avenue from 28th Street to 44th Street • Royal Palm Avenue from 42nd Street to 47th Street • 47th Street from Pine Tree Drive to Alton Road At this time, the Contractor is approximately 90% complete with painting green bike lanes along the Page 158 of 906 above roadway segments. The segment along Prairie Avenue from 28th Street to 34th Street was omitted from the Contractor's scope of work due to active roadway construction occurring in the Central Bayshore South neighborhood as part of an ongoing Capital Improvement Project. The following is a list of additional green bike lane projects that are recommended and budgeted for implementation this fiscal year. Should the City Commission approve Amendment No. 2 to the Agreement with Atlantic Paving Co., I nc., the following segments would be completed by the Contractor as well as potential additional green bike lanes at the City's discretion: • Ocean Drive from 5th Street to South Pointe Drive • Venetian Causeway from east end of San Marco Island to east end of causeway just west of Purdy Avenue(within Miami Beach city limits) I n addition, by way of Amendment No. 2, the Administration is seeking retroactive approval of the following green bike lane segments: • Dickens Avenue from 71st Street to 79th Street • Byron Avenue from 82nd Street to 87th Terrace These two segments are in close proximity to schools and were "bundled" by the City and assigned to the Contractor this past summer in order to expedite completion prior to the beginning of the school year. The contract with Atlantic Paving, pursuant to Section 0200 I nstructions to Bidders, Subsection 73 Additional Services, allows for additional services to be added to the contract. Atlantic Paving was the lowest, responsible, and responsive bidder to the ITB and is currently the only contractor who has completed green bike lane work in Miami-Dade County. Therefore, staff recommends that the additional areas, pursuant to the Bicycle/Pedestrian Master Plan, which require green dedicated bike lanes to be painted, be added to the contract with Atlantic Paving Co., Inc. I n order to determine fair value for the remainder of the work, staff calculated the per square foot price which was paid for the initial green bike lane work on 16th Street, which equates to $6.50 per sq. ft. Transportation Department staff has determined that the contractor's bid price is a reasonable cost for additional services required. KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive Mobility Addressing All Modes Throughout The City FINANCIAL INFORMATION Funding in the amount of $486,558 has been budgeted for painting green bike lanes on Venetian Causeway (within city limits) and approved as part of the FY2016/17 Capital Budget. However, it is anticipated that the total cost for this segment will be under this amount. Funding in the amount $122,980 for painting green bike lanes on Ocean Drive from 5th Street to South Pointe Drive is pending Commission approval of the FY 2016/17 budget amendment at the November 9, 2016 City Commission meeti ng. Amount 1 $122,980 Account 1 106-9615-000312-30-403-529-00-00-00 Amount 2 $486,558 Account 2 187-9615-000349-30-410-524-00-00-00- 60207 Amount 3 $273,000 Account 3 187-9615-00342-00-403-000-00-00-00- 65020 Amount 4 $136,000 Account 4 187-9615-000-342-00-403-000-00-00-00- Page 159 of 906 65030 Total $1,018,538 Legislative Tracking Procurement/Transportation Page 160 of 906