File #: 24-0309    Version: 1 Name: Ratification FDOT Additional Funds
Type: Agreements/Contracts Status: Passed
File created: 4/8/2024 In control: City Commission
On agenda: 4/17/2024 Final action: 4/17/2024
Title: MOTION TO RATIFY THE CITY MANAGER’S APPROVAL OF A CHANGE ORDER TO THE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $3,281.60, PROVIDING ADDITIONAL FUNDING FOR UTILITY ADJUSTMENTS ALONG PINES BOULEVARD FROM I-75 TO EAST OF NW 118 AVE.
Sponsors: Utility
Attachments: 1. 1. ARF 2023-R-46, 2. 2. 446200-1_UWHCA_City of Pembroke Pines
Title
MOTION TO RATIFY THE CITY MANAGER’S APPROVAL OF A CHANGE ORDER TO THE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $3,281.60, PROVIDING ADDITIONAL FUNDING FOR UTILITY ADJUSTMENTS ALONG PINES BOULEVARD FROM I-75 TO EAST OF NW 118 AVE.

Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:

- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”

- Section 35.15 defines CHANGE ORDER. Changes, due to unanticipated conditions or developments, made to an executory contract, which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specifications as to constitute a new undertaking. The changes must reasonably and conscientiously be viewed as being in fulfillment of the original scope of the contract rather than as departing therefrom. Further, the changes, when viewed against the background of the work described in the contract and the language used in the specifications, must clearly be directed either to the achievement of a more satisfactory result or the elimination of work not necessary to the satisfactory completion of the contract.

- Section 35.28 of the City's Code of Ordinances is titled "CHANGE ORDERS."

- Section 35.28(B) states that "Notwithstanding the provisions of (A) above, the City Manager is not authorized to approve a change order without authorization of the City Commission where the initial purchase required the City Commission's approval and where the sum of all change orders issued under the contract exceeds 5% of the original contract amount or $25,000.


SUMMARY EXPLANATION AND BACKGROUND:

1. On December 6, 2023, the City Commission adopted proposed resolution 2023-R-46, approving an agreement with the Florida Department of Transportation (FDOT) to perform adjustments to City-owned water and sewer utilities. These adjustments are associated wi...

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