HomeMy WebLinkAboutR-94-0892U-94-977
11/21/94
RESOLUTION NO. 9 892
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS
OF THE MEMBERS OF THE CITY COMMISSION, AFTER
A DULY ADVERTISED PUBLIC HEARING, WAIVING
FORMAL COMPETITIVE SEALED BID PROCEDURES FOR
THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
IN THE PUBLIC RIGHT-OF-WAY ADJACENT TO THE
PLAT OF NEW PIVETTE PARK, IN ACCORDANCE WITH
PLANS ON FILE IN THE DEPARTMENT OF PUBLIC
WORKS; RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING THAT AN EMERGENCY
EXISTS JUSTIFYING SUCH WAIVER FOR SAID
SERVICES; AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH JOAR CORPORATION
FOR CONSTRUCTION OF SAID IMPROVEMENTS; AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $42,500 FROM THE DEPOSITS
REFUNDABLE ACCOUNT, ACCOUNT NO. 220-981784,
FOR THE CONSTRUCTION OF SAID SUBDIVISION
IMPROVEMENTS.
WHEREAS, on December 10, 1987, the Miami City Commission
accepted the plat of New Pivette Park Subdivision, located at
Southwest Street Avenue between Southwest 24 Street and
Southwest 24 Terrace, pursuant to Resolution No. 87-1088; and
! WHEREAS, said plat was subsequently recorded in the Public
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Records of Dade County, Florida, in Plat Book No. 137 at Page 40;
and
WHEREAS, as a condition to the approval of said plat, the
owner of the property secured an automatically renewable letter
i
of credit in favor of the City of Miami in the amount of $42,500
to cover the cost of the required public right-of-way
improvements; and
CITY cola ISSiox
KEETING OF
DEC 0, 1 1994
Resolution Na
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WHEREAS, by December 1990, the owner had, neither elected to
renew the aforesaid letter of credit or construct the required
improvements; and
WHEREAS, in January 1991, the City acted on said letter of
credit and secured the final draft of payment in the amount of
$42,500 on January 25, 1991; and
WHEREAS, securing funds from the letter of credit relieved
I
the owner of the property from the obligation to construct the
public right-of-way improvements required by the platting
process; and
WHEREAS, upon securing funds from said letter of credit, the
City recognized its obligation to construct the aforesaid right-
of-way improvements and began to plan for same; and
WHEREAS, by March 1992, the City's plans for the right-of-
way improvements were interrupted when the new owner of the
i
property, JOAR Corporation, notified the City of its intent to
develop the property into six (6) single family homes; and
WHEREAS, the City realized that said development would
result in new utility construction and relocation within the
public right-of-way adjacent to the site and therefore postponed
the right-of-way improvements until such time as the private
development was completed; and
WHEREAS, as private development proceeded at the site, the
owner of the property found it necessary to begin some of the
right-of-way improvements in order to obtain certain inspection
approvals; and
94- 892
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WHEREAS, by June 1994, approximately seventy percent (70%)
of the required right-of-way improvements had been completed; and
WHEREAS, the City at present has no contract with JOAR
Corporation to construct right-of-way improvements adjacent to
the New Pivette Park Subdivision; and
WHEREAS, the City's obligation to construct the aforesaid
right-of-way improvements are presently being fulfilled by the
JOAR Corporation; and
WHEREAS, JOAR Corporation has requested reimbursement from
the City for construction of the right-of-way improvements; and
WHEREAS, the funds secured by the City from the aforesaid
letter of credit amount to the holding of a de facto performance
bond for the right-of-way improvements; and
WHEREAS, failure to pay JOAR Corporation for the work
performed within the public right-of-way at this site would
result in unfair enrichment by the City; and
WHEREAS, the City Manager has made a finding that completion
of the construction of the subdivision improvements adjacent to
the New Pivette Park Subdivision is essential to the life,
health, welfare safety and convenience of the City, constituting
a valid public emergency; and
WHEREAS, the normally required procedures and scheduling
requirements for formal advertising, receipt of bids, award of
contract and processing of contracts will needlessly and unwisely
delay construction of the subdivision improvements; and
WHEREAS, the City Manager and the Director of the Department
of Public Works recommend waiving formal competitive sealed bid
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procedures to procure the needed services, equipment and/or
i
materials for said construction of the subdivision improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager's finding that a valid
public emergency exists justifying the waiver of formal
competitive sealed bid procedures for construction of the
subdivision improvements in the public right-of-way adjacent to
the Plat of New Pivette Park is hereby ratified, approved and
confirmed.
Section 3. By an affirmative vote of 4/5ths of the
Members of the City Commission, after a duly advertised public
hearing, the formal competitive sealed bid procedures for the
procurement of services, equipment and/or materials for
construction of the subdivision improvements in the public right-
of-way adjacent to the Plat of New Pivette Park, Miami, Florida,
is hereby waived.
Section 4. The City Manager is hereby authorized to
enter into a contract, I/ in a form acceptable to the City
V The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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MC
Attorney, with JOAR Corporation for construction of said
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subdivision improvements in the public right-of-way adjacent to
the Plat of New Pivette Park, with funds therefor, in an amount
not to exceed $42,500, hereby allocated from Deposits Refundable
Account, Account No. 220-981784.
Section 5. This Resolution shall become effective
immediately upon its adoption.
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PASSED AND ADOPTED this 1st day of December 1994.
STEPHEN P. CLARK, MAYOR
CITY CLERK
BUDGETARY REVIEW:
'MA HAR S. SURANA
A ISTANT CITY MANAGER
I
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A. Q INNFS/M4775
CITY ATTY
GMM/ms/b
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
To: of the City Commission
4
FROM : Cesar
City er
RECOMMENDATION
m
DATE : NOV 2 1 i994 FILE
Waiving of Formal Bid
SUBJECT: For Construction of the
Subdivision Improvements at
the New Pivette Park
REFERENCES: Subdivision
ENCLOSURES: Resolution, Supporting
Documentation
It is respectfully recommended that the City Commission adopt
the attached resolution ratifying the City Manager's written
finding that a valid emergency exists for the construction of
the subdivision improvements at the New Pivette Park
Subdivision to expedite completion of said improvements and
waiving formal competitive bidding procedures and authorizing
the City Manager to enter into a contract with JOAR
Corporation for said improvements in an amount not to exceed
$42,500.
BACKGROUND
The Department of Public Works, in an effort to serve all
residents of the City of Miami, has determined that it is now
in order for the City Commission to ratify the City Manager's
emergency finding justifying the waiver of formal competitive
bids and award of a contract to JOAR Corporation in an amount
not to exceed $42,500. The reasons for the emergency are as
follows.
On October 10, 1987, the Miami City Commission accepted the
plat of New Pivette Park located at S.W. 21 Avenue between
S.W. 24 Street and S.W. 24 Terrace. As a condition of the
plat approval, a letter of credit in favor of the City of
Miami was issued by Capital Bank in the amount of $42,500 to
cover the cost of roadway improvements, i.e., drainage,
sidewalk, curb and gutter and pavement, surrounding the site
of the new subdivision. In December 1990 the owner of the
property, Pivette Enterprises, Inc., forfeited the letter of
credit by failing to construct the improvements and electing
not to renew the letter of credit. The City subsequently
secured a draft payment from Capital Bank in the amount of
$42,500, thereby relieving the owner of the responsibility for
construction of the roadway improvements.
94-
Honorable Mayor and Members
of the City Commission
Page No. 2
After forfeiture of the letter of credit, the City began to
make plans for construction of the roadway improvements.
However, in March 1992 the new owner of the property informed
the Department of Public Works of its intent to develop the.
property into six (6) single family homes. Upon learning
this, the City postponed its plans for roadway construction
until such time as the property was redeveloped.
During the development stage of the property, the owner found
it necessary to construct some of the roadway improvements in
order to obtain certain inspection approvals. By June 1994
approximately 70 per cent of the required roadway improvements
had been constructed.
Since the City's obligation to construct the roadway
improvements is being fulfilled by the JOAR Corporation, it is
now in order for the City of Miami to enter into a contract
with that company for the necessary improvements. The JOAR
corporation has requested reimbursement of these funds.
94- 892
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
FILE November 8, 1994
TO : DATE : FILE
Emergency Finding:
SUBJECT : Waiver of Formal Bid
for Construction of
Subdivision
FROM : Cesar H. Odio REFERENCES: Improvements at New
City Manager Pivette Park
ENCLOSURES: Subdivision
Based on information supplied to me by the Director of the
Department of Public Works, I have found that an EMERGENCY exists
in construction of the subdivision improvements for the New
Pivette Park Subdivision (137-40).
On October 10, 1987, the Miami City Commission accepted the plat
of New Pivette Park located at S.W. 21 Avenue between S.W. 24
Street and S.W. 24 Terrace. As a condition of the plat approval,
a letter of credit in favor of the City of Miami was issued by
Capital Bank in the amount of $42,500 'to cover the cost of
roadway improvements, i.e., drainage, sidewalk, curb and gutter
and pavement, surrounding the site of the new subdivision. In
December 1990 the owner of the property, Pivette Enterprises,
Inc., forfeited the letter of credit by failing to construct the
improvements and electing not to renew the letter of credit. The
City subsequently secured a draft payment from Capital Bank in
the amount of $42,500, thereby relieving the owner of the
responsibility for construction of the roadway improvements.
After forfeiture of the letter of credit, the City began to
make plans for construction of the roadway improvements.
However, in March 1992 the new owner of the property informed
the Department of Public Works of its intent to develop the
property into six (6) single family homes. Upon learning
this, the City postponed its plans for roadway construction
until such time as the property was redeveloped.
During the development stage of the property, the owner found
it necessary to construct some of the roadway improvements in
order to obtain certain inspection approvals. By June 1994
approximately 70 per cent of the required roadway improvements
had been constructed.
Since the City's obligation to construct the roadway
improvements is being fulfilled by the JOAR Corporation, it is
now in order for the City of Miami to enter into a contract
with that company for the necessary improvements. The JOAR
corporation has requested reimbursement of these funds.
94- -892 3
FILE
PAGE NO. 2
Emergency Finding
Pivette Park
Such conditions indicate the need for extraordinary measures
to protect the health, safety and welfare of the community and
convenience of the City. In order to complete the
construction as soon as possible, formal competitive sealed
bid procedures shall be waived for the procurement of
contracting services required for said emergency pursuant to
sections 18-52.5 and 18-52.6 of the City Code. All costs for
the project will be funded from the Letter of Credit No.
NBV999, Capital Bank, dated October 1, 1987.
34- 892
NOV-10-94 THiJ 10 ; 22 PUBLIC WORKS
NIA tru, 01 eon I ,.-_.._..._ ........_.... V._,.t. ,�„V, -
CI3 V OF MIAMI, FLORIDA
PNITRR.OFFF CLZ MEMORANDUM
Matty Hirai November 8, 1994
TO : C i. ty O l @ 7r k DATE : FILE
New Pivette Park
BUSJECT • Subdivision Improvements
_ „ /' Improvements
imair 9. Lee, Director
tic Works Dept,
REFERENCES:
ENCLOSLIREB'',4" t'"Ment
Please make arrangements to publish a Notice of Public Hearing
for discussions pertaining to ratifying the City Manager's
written finding that a valid emergency exists at the New Pivette
Park Saubdivivi.on (137-40) concerning the construction of the
Subdivision improvements and waiving_ formal competitive bidding
procedurge and authorizing the City Manager to enter into a
contract with. JOAR Corporation for said improvements in an amount
not to exceed $42,500. •
The public hearing has been scheduled for December 1, 1994.
Please charge to index coda 310201-287.
cc: Civil Engineering (Highways)
John Jackson, Construction
Cost Analysis.
Central
Approved �
vi Gal ante ui
Agenda Coordinator
94- 892
.,NOV-10-94 THU 10:22 PUBLIC WORKS FAX N0, 5796871 P,02
CITY OF' MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be head by the Commission of the City of
Miami, Florida, on December 1, 1994 at 10e00 a,m. in the City
Commission Chambers at City Hall, 3500 Pan American Drive, Miami,
Florida, for the purpose of hearing objections from anyinterested parties affected by the ratifying of the City
Manager's written finding that a valid emergency exists at the
New Pivatte Park Subdivision (137-40) concerning the construction
of the Subdivision improvemente and waiving formal competitive
bidding procedures and authorizing the CLty Manager to enter into
a contract with JOAR Corporation for said improvements in an
amount not to -exceed $42,500.
All interested persons are invited to appear and may be heard
concerning the ratifying of the City Manager's written finding
that a valid emergency exists at the Now Fivette Park Subdivision
(137-40).
Should any person deiiire to appeal any decision of the City
Commission with respect to any matter considered at this hearing,
that person shall ensure that a verbatim record of the
proceedings is made, including all testimony and evidence upon
which any appeal, may be based.
Natty Hirai
City Clerk
Miami, Florida
94- 892