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Home My WebLink AboutR-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