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Home My WebLink AboutR-03-0538J-03-271 03/19/03 RESOLUTION NO. 0 3 5 3 8 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5 T11) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBITS) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a four-fifths (4/5tns) affirmative vote, the City Manager's findings of an emergency(s), waiving the requirements for competitive sealed bidding procedures as described on the exhibit(s) attached are ratified, approved and confirmed, with funds allocated from the budgets of various user department accounts. CITY COMMISSION MEETING OF MAY 2 2 Resolution No. 03- 538 Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 22nd day of May , 2003. MANUEL A. DIAZ, MAYOR In accordance with Miamil Code Sec. 2-36, since the Mayor did not indi„ ote approval of this legislation by si ning in, the de si mated place provided, s�illd now becomes effective with the elapse of ten (1g) days from the date of cornmi sion .action regarding same, without the Mayor exercising a vote. ATTEST: Priobilla A. Thompson, City Cerk PRISCILLA A. THOMPSON CITY CLERK oe APPRO T044ORM AND CORRECTNESS: RLEJANDRO VILARELLO CITY ATTORNEY W7080:tr:MJC �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 03— 3_ 538 A T ; Carlos A. Gimenez City Manager r=_ John H. Jackson, Director Public Works Department The Dinner Key Boatyard Marine' Docks project consists of the construction of new marina docks, new seawall, upland improvements and related environmental mitigation. The project was originally awarded to Cone Constructors, Inc. in October 1997 and work was well underway when Cone Constructors defaulted in July 1999. The work stopped and in October 1999, the new docks suffered damage from Hurricane Irene and from vandalism. In April 2001, the City entered into a contract with Bunnell Foundation, Inc. to make the necessary repairs and to complete the project, including the related environmental mitigation. When the Building Department re -inspected the facility, it was discovered that electrical equipment on the docks suffered unforeseen salt water damage and they required replacement of -the electrical transformers that had been under sea water, re -certification of the other electrical equipment exposed to storm damage and other repairs for City Code compliance. The replacement of transformers and the above storm damage repairs were not part of the original scope of work in the Bunnell Foundation contract, and this Emergency Finding is to authorize an increase in the construction contract to expedite the completion of the project. The total amount of the increase in contract is $119,700.00 and the additional work includes $89,288 for replacement transformers and re- certification of electrical equipment; $14,000 to upgrade the fire alarm poles and wiring; $10,285.00 for stainless steel supports and $6,127.00 to replace damaged electrical conduits and wiring. There has been substantial work completed at the site but the abovementioned transformers must be ordered, delivered and installed, which is extra work not anticipated. Therefore, based on the work completed and the performance bond on the job, we request that the remaining 50% compensation to Bunnell Foundation from the original contract and pursuant to the current contract provision in the amount of $50,688 be released at this time. J -03-271 W7080 03- 538 EMERGENCY FINDING:"` Increase in Contract for Dinner =�Rt3 Key Boatyard Marina Docks Project, B -1088B The Dinner Key Boatyard Marine' Docks project consists of the construction of new marina docks, new seawall, upland improvements and related environmental mitigation. The project was originally awarded to Cone Constructors, Inc. in October 1997 and work was well underway when Cone Constructors defaulted in July 1999. The work stopped and in October 1999, the new docks suffered damage from Hurricane Irene and from vandalism. In April 2001, the City entered into a contract with Bunnell Foundation, Inc. to make the necessary repairs and to complete the project, including the related environmental mitigation. When the Building Department re -inspected the facility, it was discovered that electrical equipment on the docks suffered unforeseen salt water damage and they required replacement of -the electrical transformers that had been under sea water, re -certification of the other electrical equipment exposed to storm damage and other repairs for City Code compliance. The replacement of transformers and the above storm damage repairs were not part of the original scope of work in the Bunnell Foundation contract, and this Emergency Finding is to authorize an increase in the construction contract to expedite the completion of the project. The total amount of the increase in contract is $119,700.00 and the additional work includes $89,288 for replacement transformers and re- certification of electrical equipment; $14,000 to upgrade the fire alarm poles and wiring; $10,285.00 for stainless steel supports and $6,127.00 to replace damaged electrical conduits and wiring. There has been substantial work completed at the site but the abovementioned transformers must be ordered, delivered and installed, which is extra work not anticipated. Therefore, based on the work completed and the performance bond on the job, we request that the remaining 50% compensation to Bunnell Foundation from the original contract and pursuant to the current contract provision in the amount of $50,688 be released at this time. J -03-271 W7080 03- 538 f Carlos A. Gimenez r_f EMERGENCY FINDING: Contract with Bunnell Foundation, Inc. H-1088 Y April 18, 2001 Page two . 4.� The Surety claims that the invoice of Bunnell Foundation, in the sum of $101;375 and the payment to the subcontractors of CCI, in the sum of 547,805.03 are barred by their failure to submit timely claims. Accordingly, the City may not be able to recover these amounts from the Surety. However, the new contractor and the subcontractors require payment of their outstanding invoices in order to return to the site to complete the Project. Public Works will endeavor via the Law Department to get an acceptable tender agreement with the City and the Surety for the payment of all costs to complete the project. This request is for your approval to enter into a contract on an EMERGENCY BASIS with Bunnell Foundation, Inc. in the amount of $337,051.60 to complete the project work. Funds for this contract are available in unallocated fund balances from General Fund contributions to CIP and public service taxes. These funds are being proposed for appropriation in the FY2001 Mid -Year Ordinance. This finding of an emergency will be placed on the next available Commission agenda for ratification and approval by the City Commission. Linda M. Haskins, Director Management and Budget DATE: O! APPROVED: DATE: /Y/81/�v t, Carlos A. Gimenez City Manager FKR/JHJ/rj f c: Olga Ramirez-Seijas, Assistant City Attorney Allan Poms, Chief Architect, Public Works Department Genady Beylin, Engineer I, Public Works Department C:\My DocumentsUHJ-BUNNELL.doc 03,— 538 4:7 Carlos A. Gimenez City Manager 'Z. -i- 't *� John H. Jacks, Director Public Works Department -• _= - P-GRi'JA INTER -OFFICE MEMORANDUM April 18, 2001 = -= - = EMERGENCY FINDING: Contract with Bunnell Foundation, Inc. =- Dinner Key Boat Yard Marina Docks Project, H-1088 On October 16, 1997, the City of Miami entered into a contract with Cone Constructors, Inc. (CCI) for the Dinner Key Boat Yard Marina Docks project, H-1088, for the contract sum of $2,301,500. Cone Constructors, Inc. completed approximately 95% of the work but subsequently defaulted under the contract and abandoned the project. The City found CCI in default under the contract and notified the Surety under the Payment and Performance Bond, The American Home Assurance Company. Since 1999, the City has been. negotiating without success with the Surety for the completion of the project. In October 1999, Hurricane Irene hit South Florida and the property upon which the project is being developed sustained damages estimated at $97,312. Additionally, resulting from CCI's abandonment of the project, there has been vandalism to the property estimated at $25,280. The Surety, while continuing to negotiate, is not willing to enter into an agreement acceptable to the City and to pay a new- contractor to complete the project work. The City needs to complete the project work prior to July 2001 to satisfy its obligation to the lessee of the property. It is imperative that the work be started immediately in order to meet the July 2001 date. Bunnell Foundation, Inc. is familiar with the project, having been the major marine subcontractor to CCI, and has submitted a proposal for the completion of the project. Based on the proposal and subsequent negotiations, it is estimated that the total cost to complete the. project is $386,302.90 which represents (i) $114,530 compensation to the new contractor to complete the work; (ii) $97,312 for hurricane repairs;(iii) $25,280 for vandalism repairs, (iv) $101,375.87 to pay an outstanding invoice of Bunnell Foundation, Inc., which includes $53,324 in change orders approved by the Public Works, and (v) $47,805.03 to pay outstanding .invoices of various subcontractors of CCI. The City has undisbursed funds in the amount of 5119,251�esulting in an amount needed of $267,051.60. The City will also need $70,000 for contingency in the contract with the new contractor, for a total amount of 5337,051.60. C:1My DocumentsUHJ-BUNNELL.doc 03- 538 Carlos A. Gimenez EMERGENCY FINDINGS B -1088B October 3, 2001 Page two The funds for the increase in contract amount of $119,700.00 are available in CIP 326005. Ratification of this Finding of Emergency will be placed on the next available Commission agenda for ratification and approval by the City Commission. F WHU/rjf Approved: Date: s 't -q-eLinda M. Haskins, Director Dept. of Management & Budget 'Annro-ve,4- Date: 19>14-1�e ;.'ro �"QL City Manager c: Albert Dominguez, Assistant Director, Public Works Department Allan Poms, Chief Architect, Public Works Department 03- 538 TD Carlos A. Gimenez City Manager John H2,a , Director Public Works Department CiTY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 00-01-715 DATE March 6, 2001 RLE: SUSJECT EMERGENCY FiNDING GSA Building Roof Replacement (Second Bidding) B-6364 REFEaENCE, E%CL--911AE5 The GSA Heavy Equipment and Office Building has been in need of a new roof for several years. This fac * is essential for the City's operations particularly in emergency situations. The Department of Public Works prepared roof replacement plans and received bids in October 2000. The bids were substantially over the budget Public Works then revised and improved the roof specifications and formally n: -bid the project at a time when roof work was morecompetitive. As a result of the 'Second Bidding' on February 13, 2001 a low bid in the amount of $232,200 was received. This proposal from the Morton Roofing Company is approximately 20% under the budget Public Works has drafted the award of contract legislation for the* next available Commission meeting in April. However. both GSA and Public Works recommend that the roof replacement work begin immediately because there are only a couple of months remaining before the rainy season begins. The GSA Building has an existing roof structure that is extremely vulnerable to roof leaks during the period between the removal of the old roof membrane and the installation of the new roof. There cord be serious damage to the offices and to the equipment in the building because the roof structure will be exposed for a 2 -day period between removal and 'dry -in'. It is essential that the roof replacement work be done during the 'dry season' Upon your approval, the Public Works Department will have the low bidder roofing contractor, Morton Roofing Co., start as soon as possible so that the work can be _ substantially complete before the start of the rainy season. Funding for this project is allocated under CIP Project No. 311706. �^ J -03-270 r -;c W 7 0 7 9 APPROVED FMAIPhnm EMERGENCYffWno.GSA Roofing wLirxda M. Haskft. Director Budget DepartmW City Manager 03- 538