HomeMy WebLinkAboutR-03-0539J-03-272
03/19/03
RESOLUTION NO. 03— 539
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), BY A FOUR-FIFTHS ( 4 / STas )
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 (4/5th,) 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.
T
CITY COM ESSION
MEETING OF
MAY 2 2 ?nn3
Resolution No.
03" 539
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 22nd day of May , 2003.
MANUEL A. DIAZ, MAYOR
In 2rcordance' with Cr.,!c, Cr.,!:Sec. 2-316, Since the Mayor dl"^i i C i ! `,rel of
tl', f �' a�tliill
by v a.� lg 11 i the C`o .1r'.:;tE:d place pra; 1;' ;.,? :a,
becoriles etfoctive v0tn the e::bpce of ter., (10) days from the da c'. c;,,' c3 €?i -nils ;i -on action
regarding same, without the Mayor exercising a vote.
ATTEST: iscilla A. Thompson, City Cerk
PRISCILLA A. THOMPSON
CITY CLERK
ITY ATTORNEY
W7081:tr:MJC
NESS:
�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- 539
CITY OF MIAMI. F! ORQA
INTER -OFFICE NIEMORANDUhI
1. —
,�, 00-01-257 _
V -
TO: Carlos A. Gimenez pa -E . March 16, 2001 F,:E
City Manager
EMERGENCY FINDING:
Waiver of Formal Bids for
Drainage Inlets and Pipes-
FROFI
'
Lo
4Johnac Sediment Removal
Director Phases I and II
Public Works Department
The October 34, 2000 tropical storm resulted in flooded streets throughout the City. The
flooding from the storm deposited an abnormal amount of silt and sediment in the storm sewer
catch basin drains and drainage systems. The City has submitted claims to FEMA in the amount
of $1,270,306 for Phase I and Phase II work projects to clean the stormwater drains and piping
systems. =
It is most important that the drainage inlets and systems cleaning work be started to complete the
work before the rainy season begins to alleviate any potential flooding due to clogged drains.
This memorandum is to request your approval to informally bid the drairCcleaning work and
proceed with the work with the lowest responsible bidders, on an EMERGENCY basis. Because
there are thousands of drains to clean, multiple contracts will be awarded to several bidders.
Funding for the cost of the work is initially available from the Stormwater Trust Fund for
projects and with 87.5% of the amount reimbursed by FEMA claims from the October 2000
storm drain cleaning.
Ratification of this emergency funding will be placed on the next available Commission agenda
for approval by the City Commission.
00,
Approvec�:�"J/' ;'-ed
Linda M. Haskins, Mr -e -mor
Management & Budget Department
pprove
s�Gim�enez
City Manager
W 7 0 81-ernandez, Assistant Fire Chief, Fire -Rescue Department
.urora Badia, Assistant Director, Public Works Department
. ..'----...-...sVHI-EMERGENCY-DRAINAGE MLETS.doc
Date &-16-01
Date? a� D
03— 539
r
IMTECS-C%F FICE I'''ll=t-IOFIANO- U?" _ 00-01-224
T Carlos A. Gimenez October 3, 2001
City Manager -
u+a t
EMERGENCY FINDING:
Increase in Contract for Dinner
Key Boatyard Marina Docks
. Project, B -1088B
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 ConeConstructors, 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 S 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'io compensation to Burnell 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- 539
i
Carlos A. Gimenez
EMERGENCY FINDING: Contract with Bunnell Four
H-1088
April 18, 2001
Page two
The Surety claims that the invoice of Bunnell Foundation, in the sum of 5101;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 5337,051.60 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.
�`�-- DATE:
Linda M. Haskins, Director
Management and Budget
11 APPROVED: �" v DATE: ��f
L Carlos A. Gimeaez
• ���et City Manager
FKR/JHJ/rjf
c: Olga Ramirez-Seijas, Assistant City Attorney
Allan Poms, Chief Architect, Public Works Department
Genady BeyIin, Engineer I, Public Works Department
03- 539
C:1My DocumcntsUHJ-BUNNELL.doc
Carlos A. Gimenez
City Manager
;John H. Jac Directoric Works Department
IINTER-OFFICE htEMORANDUPA _
April 18, 200I - -=
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 525,280. The
Surety, while continuing to negotiate, is not willing to enter into an agreement acceptable to the
City and to pay a neer 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
5386,302.90 which represents (i) $114,530 compensation to the new contractor to complete the
work; (ii) 597,312 for hurricane mpairs;rii) $25,280 for vandalism repairs, (iv) 5101,375.87 to
pay an outstanding invoice of Bunnell Foundation, Inc., which includes $53,324 in change orders
approved by the Public Works, and (v) 547,805.03 to pay outstanding Invoices of various
subcontractors of CCL The City has. undisbursed funds in the amount of S119,251�ulting
in an amount needed of 5267,051.60. The City will also need 570,000 for contingency in the
contract with the new contractor, for a total amount of S337.051.60.
03— 539
C:1My DocumentsvHJ-BUNNELL.doc
i
mr
Carlos A. Gimenez
EMERGENCY FINDINGS
B -1099B
October 3, 2001
Page two
The fluids for the increase in contract amount of 5119,700.00 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.
FKR/JHJ/tf
Approved• Date: s 1
Linda M. Haskins, Director
Dept of -Management & Budget
WMIJ V. -M tar,
,.
c: Albert Dominguez, Assistant Director, Public Works Department
Allan Poms, Chief Architect, Public Works Department
03- 539