TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Ratification of City Manager's Use of Emergency Authorization to Approve the First Amendment to Contract No. 2023-19, Jeffery Lake Sea Wall and Sidewalk Reconstruction With Thomas Marine Construction, Inc., in the Amount of $198,861.23.
Recommended Action
Ratification of City Manager's use of emergency authorization to approve the First Amendment to Contract No. 2023-19, Jeffery Lake Sea Wall and Sidewalk Reconstruction with Thomas Marine Construction, Inc, in the amount of $198,861.23.
Background Information
On May 23, 2023, the City Commission, acting as the Road and Drainage Governing Body, approved Contract No. 2023-19, Jeffrey Lake Sea Wall & Sidewalk Reconstruction with Thomas Marine Construction, Inc. in the amount of $625,317.82 and contingency in the amount of $62,500.18 for a total amount of $687,818.00.
Work on the reconstruction of the Jeffrey Lake sea wall and sidewalk began January 8, 2024, and required a partial closure of Pan American Boulevard adjacent to the work area. During sheet pile installation, a rock layer was struck, which was impenetrable to the equipment being used to install the sheet pile. Staff was made aware that Thomas Marine Construction encountered a “differing site condition” on January 17, 2024. The Engineer of Record’s recommended solution required the Contractor to utilize additional equipment and slowed the rate at which the sheet pile could be installed. Due to this unforeseen circumstance, this Amendment is required to account for the additional equipment, labor, and time.
Due to the vulnerable structural condition of the sea wall, the Department of Public Works sought emergency authorization of this First Amendment to avoid the risk of a full failure of the structure.
The First Amendment increases the value of the Contract by $198,861.23 bringing the total contract value to $824,179.05. It also extends the completion of the Contract to June 7, 2024. The remaining contingency balance on this project has been exhausted.
The First Amendment to Contract No. 2023-19 has been reviewed by the City Attorney and is legally correct as to form.
The City Manager approved the First Amendment to Contract No. 2023-19 under his emergency authority.
Strategic Plan
Infrastructure & Facilities Integrity
Financial Impact
Funding for Road and Drainage Infrastructure, Capital Improvement Program Project Number R20DSI, Drainage System Improvements in the amount of $56,178.94 has been allocated in the Fiscal Year 2024 Road and Drainage District Budget in account 107-5000-541-63.00.
Funding for Road and Drainage Infrastructure, Capital Improvement Program Project Number R24DSI, Drainage System Improvements in the amount of $142,682.29 has been allocated in the Fiscal Year 2024 Road and Drainage District Budget in account 107-5000-541.63-00.
Procurement
These emergency services were procured in accordance with Sec. 2-408 of the Procurement Code - Emergency Procurement for Procurements.
RFB No. 2023-19 was procured pursuant to Chapter 2 - Administration, Article VIII - Procurement Section 2-404 - Competitive Sealed Bid Process, of the Code of the City of North Port, Florida.
Thomas Marine LLC
8999 High Cotton Lane
Fort Myers, FL 33905
Attachments:
1. First Amendment to Contract No. 2023-19
2. Executed Contract No. 2023-19
3. Executed Emergency Procurement Request
4. Florida Division of Corporations Document
Prepared by: Anthony Friedman, P.E., PTOE, Transportation Engineer
Department Director: Chuck Speake, Public Works Director