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HomeMy WebLinkAbout2006-26409 ResoRESOLUTION NO. 2006-26409 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. 14-03/04, BY AND BETWEEN THE CITY AND PASS INTERNATIONAL, INC., DATED JULY 12, 2004, WHICH PROVIDES FOR PASS INTERNATIONAL, INC. TO ASSIGN THE JOC CONTRACT TO IRAN CONSTRUCTION, INC. WHEREAS, on May 26, 2004, the Mayor and City Commission approved Job Order Contract No. 14-03/04 (for Capital Improvements Projects), dated July 12, 2004, with Pass International, Inc. (the JOC Contract); and WHEREAS, Pass International, Inc., also referred to herein as Assignor, now wishes to assign the JOC Contract to Tran Construction, Inc. (Assignee and/or the new JOC Contractor); and WHEREAS, pursuant to Section 17.1 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 would recommend 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. 14-03/04, which shall have an effective date of January 10, 2007, and remain in effect throughout the remainder of the current term of the JOC Contract, scheduled to expire on July 12, 2009; and WHEREAS, notwithstanding the requested assignment, Pass International, Inc. 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 City Clerk to execute a Consent to Assignment and First Amen ment to Job Order Contract (JOC) No. 14-03/04, by an~tween the City and Pass international, Inc., dated July 12, 2004, which provides for Pass Inter,national, Inc. to assign its contract to Tran Construction, Inc. PASSED and ADOPTED this 6th day of T/Dece~e~,/2Qd6. AT EST: ~- City Clerk Robert Parcher id Dermer T:WGENDA\2006\dec0606\consent\ResolutionReNoticeAssignment.doc APPROVED AS TO FORM & LANGUAGE COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving An Assignment Of Job Order Contract (JOC) No. 14-03/04, By And Between The City And Pass International, Inc., Dated July 12, 2004, For Capital Improvement Projects, Which Provides For Pass International, Inc. To Assign Its Contract To Tran Construction; Further Authorizing The Mayor And City Clerk To Execute Same. Ke Intended Outcome Su orted: To ensure well-maintained facilities; and to ensure well-maintained infrastructure. Issue: Shall the Commission Adopt the Resolution? Item Summary/Kecommendatlon: Pass International, by letter dated October 9, 2006, has requested that their JOC Contract be assigned to Tran Construction, Inc. See attached letter dated October 9, 2006. Tran Construction, by letter dated October 9, 2006, has agreed to receive the assignment of Pass International's JOC Contract. Tran Construction has agreed to all legal terms and conditions, and responsibilities outlined in the Pass International's JOC Contract. Additionally, Tran Construction has agreed to honor and maintain all required warranties and responsibilities for all previously completed projects by Pass International, and any ongoing project Pass has with the City. See attached letter dated October 9, 2006. The Administration recommends adoption of the Resolution. Adviso Board Recommendation: N/A Financial Information: Source of Funds: Amount ~ Account ~ Approved ~ 2 3 4 OBPI Total Financial Impact Summary: City Cleryf's Office Legislative Tracking: ~ CIP ~. Si n ffs: epar ei`nt Director Assistant City Manager City Manager J TH JMG T \ 006\dec0606\conse t\AssignmentPass-TranSumm .doc ,,~, Agenda Item C'7 X A11~ ~ ~ ~/`"1~ ~ Date /d-~-D(o m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager _~/ DATE: December 6, 2006 _ _JU~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF JOB ORDER CONTRACT (JOC) NO. 14-03/04, BY AND BETWEEN THE CITY AND PASS INTERNATIONAL, INC., DATED JULY 12, 2004, FOR CAPITAL IMPROVEMENT PROJECTS, WHICH PROVIDES FOR PASS INTERNATIONAL, INC. TO ASSIGN ITS CONTRACT TO TRAN CONSTRUCTION; 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 The Mayor and City Commission at its March 26, 2004 meeting awarded Job Order Contract No. 14-03/04, to Pass International, Inc., for capital improvements projects. On December 8, 2004, Pass International, Inc. authorized Mr. Henry Louden, as Pass International's representative for JOC Contract No. 14-03/04. As Pass International's authorized representative, Mr. Louden was given the authority to submit proposals, sign proposals, sign change orders, and accept payment checks on behalf of Pass International. See attached letter dated December 8, 2004. Pass International, by letter dated October 9, 2006, has requested that their JOC Contract be assigned to Tran Construction, Inc. See attached letter dated October 9, 2006. Tran Construction, by letter dated October 9, 2006, has agreed to receive the assignment of Pass International's JOC Contract. Tran Construction has agreed to all legal terms and conditions, and responsibilities outlined in the Pass International's JOC Contract. Additionally, Tran Construction has agreed to honor and maintain all required warranties and responsibilities for all previously completed projects by Pass International, and any ongoing project Pass has with the City. See attached letter dated October 9, 2006. It is important to note that Tran Construction has successfully completed numerous JOC projects to include but not be limited to: 1. Normandy Park and Pool Sports Illumination; 2. Miami Beach Convention Center (MBCC) Chiller 4 Replacement; 3. Emergency Roof Repair at MBCC; 4. Mast Pole Painting; 5. Demolition of Library; 6. Replacement of Portable Water Main; 7. Roof Tile Repairs; 8. Bay Road Streetscape from 16th Street to Lincoln Road; 9. MBCC Hall C - 35 Foot Door Replacement; 10. Sunset Harbour Injection Wells -Phase II; 11. Alton Road Signal Modification at 8th, 11th, 15th, and 16th Street; and 12. Chiller Replacement 3 at MBCC. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission approve the assignment of JOC Contract No. 14-03/04 from Pass International, Inc., to Tran Construction, Inc. T:\AGENDA\2006\dec06061consentlConsentToAssignment2ndAmendment MEM.doc