The URL can be used to link to this page

Home My WebLink AboutR-89-028011 RESOLUTION NO.y�8 A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE CITY COMMISSION WAIVING THE REQUIREMENTS OF CITY CODE CHAPTER 18, IN REGARD TO SEALED BIDDING, COMPETITIVE NEGOTIATIONS, AND RELATED PURCHASING PROCEDURES, EXCEPT THE MINORITY AND WOMAN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM REQUIREMENTS, FOR THE PROCUREMENT OF GENERAL CONTRACT, SUBCONTRACT, CONSTRUCTION MANAGEMENT, COST ESTIMATING, CONSULTING SERVICES, LABOR, MATERIALS AND/OR EQUIPMENT FOR THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THE PEPPER FOUNTAIN PROJECT (CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 331306); RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT SUCH AN EMERGENCY EXISTS THEREBY JUSTIFYING SUCH WAIVER FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE MOST RESPONSIVE AND RESPONSIBLE PROVIDERS FOR THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THIS FOUNTAIN AND TO NEGOTIATE, EXECUTE AND/OR ISSUE THE NECESSARY AGREEMENTS AND/OR DOCUMENTS, INCLUDING, WITHOUT LIMITATION, T- CONTRACTS, CONTRACT AMENDMENTS, AND CHANGE ORDERS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SELECTED PROVIDERS; ALLOCATING MONIES THEREFOR FROM SAID CAPITAL IMPROVEMENT PROJECT FUND. WHEREAS, Resolution No. 88-760, adopted August 8, 1988, had determined and declared that a public emergency necessitated the waiver of competitive sealed bid procedures for the Pepper .=t Fountain Project; and WHEREAS, thereafter the world renowned designer of such fountain, Isamu Noguchi, passed away, and his assistant designer, Shoji Sadao, has expressed his willingness to bring the late artist's design genius into fruition and completion and the execution and consummation of Noguchi's inspired design for the Pepper Fountain can only be assured while said assistant is still retained under contract with the City; and WHEREAS, it is the goal of the City Commission to accomplish this Project prior to Senator Pepper's 89th birthday on-,xkyY September 8, 1989, in order to celebrate the dedication of Lr Noguchi's inspired design in tribute to Claude and Mildred Pepper; and Crff COT MAR 23 Jq'40 RESOLUTION NA. REMARKS:„_,,,;,,; T>'' WHg�i�A�, i construction mi on a Project for o, overhead incurs _ WHEREAS # Florida, as amq of procurement Manager that a WHEREAS, publishing for for Proposals, Pre -Bid Confer - - ` - M a§ _ �J°t &in firms have expressed an interest to provide sment or general contract services to the City blico and expedited basis to assist in this ` the reimbursement of their direct costs and wring the implementation of this Project; and Lon 18-52.5 of the Code of the City of Miami # — 3, provides for a waiver by the City Commission ,uirements upon a written findings by the City id emergency exists; and normal and routine time attendant to City advertisements for sealed bids and/or Request - Zc submittal and receipt of bids,the holding of ?s and consequent committee recommendations allow a timely implementation of this Project; and y n WHEREAS, the City Manager.has in writing found that.a valid emergency exists and that a waiver of competitive bidding and related procurement methods and requirements is necessary because ofthe reasons stated in the foregoing paragraphs which -� demonstrate the existence of, 'an urgent public-need:to preserve City's monies, and resources and therefore :.the.`t�City_:Manager recommends that informal procurement -procedures. be utilized, including contract awards on a negotiated ibasis with selected firms and individuals in order, to procure needed•.services + inclusive of general contract, subcontractor's .,services, construction management services cost estimating- g , g:.:, services, consultants, labor, materials, equipment or other:,:-. related ss services: for the: development, construction and -:operation ,of. °r Pepper Fountain on an expedited basis.4ithout >following:=«tti® r' requirements=of City of Miami Code,:: Chapter 18y .as Kamonded; Tz WHEREAS, :it :is the City Manager's.: -intent to.'comply to theI fullest extent possible with the minority participation goals set pp forth in: the , Minority and • Woman Bus ihispist.Affairs ° and ,?.rPc.u,Cem+a Prograimi,. Ordinance_,;of the City of Miami .where : agpxopriate, c�j.vn f M. constraints associated with an accelerated, Project schedu l'O) f yy'fyy', s ..y SLY1� ',ri� Y f WHEREAS i a total 'ref- $2,75 million has been appropriated by t the City Commission to Capital Improvement Program Project No. 331306 for Pepper Fountain; and WHEREAS, the -City Manager or his designee wi"ll,_select and engage suitable firms or individuals and will execute such written instruments as are appropriate to implement this Project on an emergency basis; and WHEREAS, the foregoing findings, facts and recommendations which have been approved by the Chief Procurement Officer are being presented at a duly advertised public hearing before the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals contained in the Preamble- to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 1 Section 2. The City Manager's findings, in concurrence with the Chief Procurement Officer, that a valid public emergency exists: justifying such waiver for said Project is hereby, ratified approved and confirmed. Section 3. By an affirmative vote of 4/5ths of the, members of the City Commission, formal competitive sealed bid procedures and other requirements prescribed b Cit P q P Y , Y Code Chapter 18, except the Minority and Woman Business Affairs a Program re uirements/ g q , for the procurement. of:. ' E _ general contract, subcontract, construction management, cost estimating, consulting services, labor, materials and/or equipment for the development,'construction and operation of the Claude and Mildred Pepper Fountain are hereby waived. r `f 1 Section 4... The, y Manager or his designee is he reb City y jq authorized ,to .negotiate and accept the most responsive and responsible offers for the development, construction Such a - Minority Program requirements shall e be suspnded f6rl- this Fountain Project only; deficiencies fn comp], Yn g w.tl� said requirements, shall be compensated for` in the award future contracts for Bayfront Park Improvements. Y n 1 operation for such fountain and related scope of work, including, without limitation, the discretion to issue change orders and/or contract amendments in order to retain qualified contractors currently engaged in major public works projects for the work. Section 5. The City Manager or his designee is hereby authorized to execute, accept and/or issue the necessary r,� CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members DATE: March i, 1989 FILE of th `tity Commission �� SUBJECT: Waiver of Procurement Requirements Set Forth in -Chapter 18, City of Mi�ti l Code, for Pepper Fountain Project,-,,.' _ ,r FROM : Cesar H. Odio REFERENCES City Manager ENCLOSURES: �z Recommendation It is respectfully recommended that you approve the attached ,. Resolution waiving the city';s formal competitive sealed: bid d development procedures surrounding the proposeconstruction and: operation of, the Claude and Mildred•Pepper'Fountain.`r ' r3 3 Background On August 8, 1988 the City Commission determined and declared ` via Resolution,88-760 that a public emergency. necessitated .i �.. .. , 1 l waiver of `competitive sealed bid. procedures for the�Pepp. rt 3 Fountain Project. As a resuit of the complexity of the ,'project, development_ did., ; not:;.. progress as.:-. antic .gated :.:arid:, rem�li ti incomplete_. Since that time, : Isamu No ucii the designer of tle; g fountain,' passed away .and it is ,c�citica that the >�oulntair►� development be;. completed. As. 'it is the desire .;,of ♦the Commission a and administration;,to -complete the `fountain b ; September::, $, 1�89 y { " Congressman; Pepper's 89th birthday, .,it is recommended chat`�rthe. 3 34 City Commission approvee attached Resolution. Fi - i r{{{ tz-A4-, ay ab'vg. 411 Y v ti, �; rz 3: �� ftia es '4 CMi•. J ,ssng 3•f : . etom.- x�. ` i i �' - { - e v. `�tfz€n� 3 \ F I IN"cat T r it ' 4x 3:4 ''+ rt¢�M& Szv c�:� SK + � t .+ 3 x �1`� R`' E q Y„ s e �} r ., ;s�Y�, 1~�' �1� •xn I y +� 14 t'- ar.,.. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM FROM _ Ron E,'%Williams chief Procurement Officer Conclusion In .my capacity as Chief Procurement Officer_:for-the:City of Miami, I have;. reviewed the facts, circumstances and p recommendations: surrounding, the proposed degelopment, construct ion,a=,.,an d. ...operation: of..w- the Claude/Mildred Peppex, Fountain,`. and I' .concur that a valid emergency exists' justifying the .'waiver 'ofprocedures and requirements prescribed :-An ,Ch'aptex 5' 1& of the City of `Miami -Code, -as amended.{. Findings The City of Miami Commission via Resolution No. 88760#1 adapted 4 August 8, 1988, had "determined and declared that a.pubii'c emergency necessitated a waiver of competitive sealedbsi f" procedures for the Pepper -Fountain project. As . a result '-of the complexity of the project, the project did, not pr+�gxeas ,aea, anticipated by the Commission and the administration,'and remains incomplete. —a Since. that time, Isamu Noguchi, designer of , the fountain passed. away and it'. is critical :.that the fountain deveiopm$nt b �a, accawplahed-=forthwith. Further, is ::the goal of the" rOit'%" 1 cotamission, and administration to :accampli$h this p�co1ect prQ }f... t ember Senator Pepper's 89th birthday on Sep e b k�tt 'AQ Qevors.l fi rmst have. ekbre sSd.::+dA.'�.4z C�Dnstruction the = ci,-ty can :. Qf _ths:x ,died .at�,'on of th;ls' +e$�gxces Ae �: r, [ i i•l i? i 1^ t.) ix i-. i RESOLUTIOU NO. A RESOLUTION by AN AFFIRMATIVE VOTE 9F 4t6THS VOtE OF THE MEMBERS OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION OF THE "BAYFRONT PARK REDEVELOPMENT - PEPPER .FOUNTAIN PROJECT" (CAPiTAL IMPROVEMENT PROGRAM P OjECT NO. 331306); RATIFYING, APPROVING AND CON IRMING THE CITY MANAGER'S FINDING THAT AN EMERGE Y EXISTS JUSTIFYING SUCH WAIYEk FOR SAID PROJECT — CONSTRUCTION; AUTHORIZING THE CITY MAN GER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE _ BIDS FOR THE CONSTRUCTION OF THE FOUNTAIN UNDER SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S). I I — 1 —1 WHEREAS, the City Manager has made a written finding that construction of the Bayfront Park Redevelopment Pepper Fountain Project_ constitutes a valid public emergency which requires, the r immediate procurement of construction services to protect. :the welfare, safety and convenience of the City; and WHEREAS, the nature of said emergency is based on .the City'S need: for the fountain to be completed and in operation by the planned New Year's and Super Bowl related events to be he.id An i the Dark in_January;- and -- WHEREAS. it is necessary to begin the Project construction. by September 1st, 1988, in order to meet the desired, completion deadline of January.l, 1989; and �i WHEREAS. said deadline does not allow sufficient time for the formal advertising, receipt of bids, and_ award of ContraciS which are::normally required procedures; and _ WHEREAS, a total of $2.75 million is available for the construction of the project and is currently appr-ppriat:�e;d. ,.t4 , Capital..Improvement Program Project No. 331306 BAYFROAT=,.Pi)RIS REDEVELOPMENT -;.PEPPER. FOUNTA'IFt. ri N } Yt .,,WHEREAS, the City Manager and Director Of the Department `4 t Public Works recommend that informal bid procedures be uti1i�e,d i - Mom', f to procure the needed services and/or materials for the project #' t spa+ construction; and R ' L j !`y _ Y, l ' AL y - JL s# to .k b f � 4, WHEREI�S, services and, responsive and WNEREAS9 advertised pub NOWO TNEP OF MiIAMI i FLOP y *u* t r as iftet "teipt of informal bids) Contract% for Laid rr Natz'ri a1 s Will be awarded to LiiC iwli�t:jir responsible bidders by the City _Manoger:.and } the foregoing is beIAV presented at s properly a�. is hearing before the City Commission, uz 'FORE. BE IT RESOLYED BY THE COMMISSION Of THE CITY DA• h r, Resolution are hereby incorporated by reference thereto and K adopted as if fully set forth in this Section.. SECTION 2. The City Manager's finding that a valid public emergency exists justifying such waiver for said project is hereby ratified, approved and confirmed. `SECTION 3. By an affirmative vote of 4/5th9 of the members of the City Commission, formal competitive Sealed bid procedu' eta fo.r ., the proCuremCn.t, of Services and/or _. mater.i&IS : for -the construction- of 'the Bayfront Park Redevelopment=pepper Fountain s r« �. are hereby waived. No later than 48 hours prior to the issuance of 1ny1tations for bid the design and plans for the herBiil f , Project', together with a firm estimate of Project cost shall be rr E furnished to each member of the City Commission. Within such°48• z hour period, any Commissioner shall have the right to order the y aid ! City Manager to take no further action on this Project until thy. TM i �t City Commission authorizes further action. s , ■ ; SECTION 4. The City Manager Is hereby authorized to. acCep the lowest responsive and responsible bids for the construction; of s+id project. SECTIONS. The City Manager is hereby authorized Lo`exeCute and/or issue the necessary documents, in a fprm accep,tebla tia the't ,r Ctty Attorney, with the successful bidder(rs) `for .the cons ruetioh �' i dp rod ect. t fi ,Fk 3 j n€n 11 RESOLUTION NO.y�8 A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE CITY COMMISSION WAIVING THE REQUIREMENTS OF CITY CODE CHAPTER 18, IN REGARD TO SEALED BIDDING, COMPETITIVE NEGOTIATIONS, AND RELATED PURCHASING PROCEDURES, EXCEPT THE MINORITY AND WOMAN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM REQUIREMENTS, FOR THE PROCUREMENT OF GENERAL CONTRACT, SUBCONTRACT, CONSTRUCTION MANAGEMENT, COST ESTIMATING, CONSULTING SERVICES, LABOR, MATERIALS AND/OR EQUIPMENT FOR THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THE PEPPER FOUNTAIN PROJECT (CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 331306); RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT SUCH AN EMERGENCY EXISTS THEREBY JUSTIFYING SUCH WAIVER FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE MOST RESPONSIVE AND RESPONSIBLE PROVIDERS FOR THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THIS FOUNTAIN AND TO NEGOTIATE, EXECUTE AND/OR ISSUE THE NECESSARY AGREEMENTS AND/OR DOCUMENTS, INCLUDING, WITHOUT LIMITATION, T- CONTRACTS, CONTRACT AMENDMENTS, AND CHANGE ORDERS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SELECTED PROVIDERS; ALLOCATING MONIES THEREFOR FROM SAID CAPITAL IMPROVEMENT PROJECT FUND. WHEREAS, Resolution No. 88-760, adopted August 8, 1988, had determined and declared that a public emergency necessitated the waiver of competitive sealed bid procedures for the Pepper .=t Fountain Project; and WHEREAS, thereafter the world renowned designer of such fountain, Isamu Noguchi, passed away, and his assistant designer, Shoji Sadao, has expressed his willingness to bring the late artist's design genius into fruition and completion and the execution and consummation of Noguchi's inspired design for the Pepper Fountain can only be assured while said assistant is still retained under contract with the City; and WHEREAS, it is the goal of the City Commission to accomplish this Project prior to Senator Pepper's 89th birthday on-,xkyY September 8, 1989, in order to celebrate the dedication of Lr Noguchi's inspired design in tribute to Claude and Mildred Pepper; and Crff COT MAR 23 Jq'40 RESOLUTION NA. REMARKS:„_,,,;,,; T>'' WHg�i�A�, i construction mi on a Project for o, overhead incurs _ WHEREAS # Florida, as amq of procurement Manager that a WHEREAS, publishing for for Proposals, Pre -Bid Confer - - ` - M a§ _ �J°t &in firms have expressed an interest to provide sment or general contract services to the City blico and expedited basis to assist in this ` the reimbursement of their direct costs and wring the implementation of this Project; and Lon 18-52.5 of the Code of the City of Miami # — 3, provides for a waiver by the City Commission ,uirements upon a written findings by the City id emergency exists; and normal and routine time attendant to City advertisements for sealed bids and/or Request - Zc submittal and receipt of bids,the holding of ?s and consequent committee recommendations allow a timely implementation of this Project; and y n WHEREAS, the City Manager.has in writing found that.a valid emergency exists and that a waiver of competitive bidding and related procurement methods and requirements is necessary because ofthe reasons stated in the foregoing paragraphs which -� demonstrate the existence of, 'an urgent public-need:to preserve City's monies, and resources and therefore :.the.`t�City_:Manager recommends that informal procurement -procedures. be utilized, including contract awards on a negotiated ibasis with selected firms and individuals in order, to procure needed•.services + inclusive of general contract, subcontractor's .,services, construction management services cost estimating- g , g:.:, services, consultants, labor, materials, equipment or other:,:-. related ss services: for the: development, construction and -:operation ,of. °r Pepper Fountain on an expedited basis.4ithout >following:=«tti® r' requirements=of City of Miami Code,:: Chapter 18y .as Kamonded; Tz WHEREAS, :it :is the City Manager's.: -intent to.'comply to theI fullest extent possible with the minority participation goals set pp forth in: the , Minority and • Woman Bus ihispist.Affairs ° and ,?.rPc.u,Cem+a Prograimi,. Ordinance_,;of the City of Miami .where : agpxopriate, c�j.vn f M. constraints associated with an accelerated, Project schedu l'O) f yy'fyy', s ..y SLY1� ',ri� Y f WHEREAS i a total 'ref- $2,75 million has been appropriated by t the City Commission to Capital Improvement Program Project No. 331306 for Pepper Fountain; and WHEREAS, the -City Manager or his designee wi"ll,_select and engage suitable firms or individuals and will execute such written instruments as are appropriate to implement this Project on an emergency basis; and WHEREAS, the foregoing findings, facts and recommendations which have been approved by the Chief Procurement Officer are being presented at a duly advertised public hearing before the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals contained in the Preamble- to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 1 Section 2. The City Manager's findings, in concurrence with the Chief Procurement Officer, that a valid public emergency exists: justifying such waiver for said Project is hereby, ratified approved and confirmed. Section 3. By an affirmative vote of 4/5ths of the, members of the City Commission, formal competitive sealed bid procedures and other requirements prescribed b Cit P q P Y , Y Code Chapter 18, except the Minority and Woman Business Affairs a Program re uirements/ g q , for the procurement. of:. ' E _ general contract, subcontract, construction management, cost estimating, consulting services, labor, materials and/or equipment for the development,'construction and operation of the Claude and Mildred Pepper Fountain are hereby waived. r `f 1 Section 4... The, y Manager or his designee is he reb City y jq authorized ,to .negotiate and accept the most responsive and responsible offers for the development, construction Such a - Minority Program requirements shall e be suspnded f6rl- this Fountain Project only; deficiencies fn comp], Yn g w.tl� said requirements, shall be compensated for` in the award future contracts for Bayfront Park Improvements. Y n 1 operation for such fountain and related scope of work, including, without limitation, the discretion to issue change orders and/or contract amendments in order to retain qualified contractors currently engaged in major public works projects for the work. Section 5. The City Manager or his designee is hereby authorized to execute, accept and/or issue the necessary r,� CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members DATE: March i, 1989 FILE of th `tity Commission �� SUBJECT: Waiver of Procurement Requirements Set Forth in -Chapter 18, City of Mi�ti l Code, for Pepper Fountain Project,-,,.' _ ,r FROM : Cesar H. Odio REFERENCES City Manager ENCLOSURES: �z Recommendation It is respectfully recommended that you approve the attached ,. Resolution waiving the city';s formal competitive sealed: bid d development procedures surrounding the proposeconstruction and: operation of, the Claude and Mildred•Pepper'Fountain.`r ' r3 3 Background On August 8, 1988 the City Commission determined and declared ` via Resolution,88-760 that a public emergency. necessitated .i �.. .. , 1 l waiver of `competitive sealed bid. procedures for the�Pepp. rt 3 Fountain Project. As a resuit of the complexity of the ,'project, development_ did., ; not:;.. progress as.:-. antic .gated :.:arid:, rem�li ti incomplete_. Since that time, : Isamu No ucii the designer of tle; g fountain,' passed away .and it is ,c�citica that the >�oulntair►� development be;. completed. As. 'it is the desire .;,of ♦the Commission a and administration;,to -complete the `fountain b ; September::, $, 1�89 y { " Congressman; Pepper's 89th birthday, .,it is recommended chat`�rthe. 3 34 City Commission approvee attached Resolution. Fi - i r{{{ tz-A4-, ay ab'vg. 411 Y v ti, �; rz 3: �� ftia es '4 CMi•. J ,ssng 3•f : . etom.- x�. ` i i �' - { - e v. `�tfz€n� 3 \ F I IN"cat T r it ' 4x 3:4 ''+ rt¢�M& Szv c�:� SK + � t .+ 3 x �1`� R`' E q Y„ s e �} r ., ;s�Y�, 1~�' �1� •xn I y +� 14 t'- ar.,.. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM FROM _ Ron E,'%Williams chief Procurement Officer Conclusion In .my capacity as Chief Procurement Officer_:for-the:City of Miami, I have;. reviewed the facts, circumstances and p recommendations: surrounding, the proposed degelopment, construct ion,a=,.,an d. ...operation: of..w- the Claude/Mildred Peppex, Fountain,`. and I' .concur that a valid emergency exists' justifying the .'waiver 'ofprocedures and requirements prescribed :-An ,Ch'aptex 5' 1& of the City of `Miami -Code, -as amended.{. Findings The City of Miami Commission via Resolution No. 88760#1 adapted 4 August 8, 1988, had "determined and declared that a.pubii'c emergency necessitated a waiver of competitive sealedbsi f" procedures for the Pepper -Fountain project. As . a result '-of the complexity of the project, the project did, not pr+�gxeas ,aea, anticipated by the Commission and the administration,'and remains incomplete. —a Since. that time, Isamu Noguchi, designer of , the fountain passed. away and it'. is critical :.that the fountain deveiopm$nt b �a, accawplahed-=forthwith. Further, is ::the goal of the" rOit'%" 1 cotamission, and administration to :accampli$h this p�co1ect prQ }f... t ember Senator Pepper's 89th birthday on Sep e b k�tt 'AQ Qevors.l fi rmst have. ekbre sSd.::+dA.'�.4z C�Dnstruction the = ci,-ty can :. Qf _ths:x ,died .at�,'on of th;ls' +e$�gxces Ae �: r, [ i i•l i? i 1^ t.) ix i-. i RESOLUTIOU NO. A RESOLUTION by AN AFFIRMATIVE VOTE 9F 4t6THS VOtE OF THE MEMBERS OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION OF THE "BAYFRONT PARK REDEVELOPMENT - PEPPER .FOUNTAIN PROJECT" (CAPiTAL IMPROVEMENT PROGRAM P OjECT NO. 331306); RATIFYING, APPROVING AND CON IRMING THE CITY MANAGER'S FINDING THAT AN EMERGE Y EXISTS JUSTIFYING SUCH WAIYEk FOR SAID PROJECT — CONSTRUCTION; AUTHORIZING THE CITY MAN GER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE _ BIDS FOR THE CONSTRUCTION OF THE FOUNTAIN UNDER SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S). I I — 1 —1 WHEREAS, the City Manager has made a written finding that construction of the Bayfront Park Redevelopment Pepper Fountain Project_ constitutes a valid public emergency which requires, the r immediate procurement of construction services to protect. :the welfare, safety and convenience of the City; and WHEREAS, the nature of said emergency is based on .the City'S need: for the fountain to be completed and in operation by the planned New Year's and Super Bowl related events to be he.id An i the Dark in_January;- and -- WHEREAS. it is necessary to begin the Project construction. by September 1st, 1988, in order to meet the desired, completion deadline of January.l, 1989; and �i WHEREAS. said deadline does not allow sufficient time for the formal advertising, receipt of bids, and_ award of ContraciS which are::normally required procedures; and _ WHEREAS, a total of $2.75 million is available for the construction of the project and is currently appr-ppriat:�e;d. ,.t4 , Capital..Improvement Program Project No. 331306 BAYFROAT=,.Pi)RIS REDEVELOPMENT -;.PEPPER. FOUNTA'IFt. ri N } Yt .,,WHEREAS, the City Manager and Director Of the Department `4 t Public Works recommend that informal bid procedures be uti1i�e,d i - Mom', f to procure the needed services and/or materials for the project #' t spa+ construction; and R ' L j !`y _ Y, l ' AL y - JL s# to .k b f � 4, WHEREI�S, services and, responsive and WNEREAS9 advertised pub NOWO TNEP OF MiIAMI i FLOP y *u* t r as iftet "teipt of informal bids) Contract% for Laid rr Natz'ri a1 s Will be awarded to LiiC iwli�t:jir responsible bidders by the City _Manoger:.and } the foregoing is beIAV presented at s properly a�. is hearing before the City Commission, uz 'FORE. BE IT RESOLYED BY THE COMMISSION Of THE CITY DA• h r, Resolution are hereby incorporated by reference thereto and K adopted as if fully set forth in this Section.. SECTION 2. The City Manager's finding that a valid public emergency exists justifying such waiver for said project is hereby ratified, approved and confirmed. `SECTION 3. By an affirmative vote of 4/5th9 of the members of the City Commission, formal competitive Sealed bid procedu' eta fo.r ., the proCuremCn.t, of Services and/or _. mater.i&IS : for -the construction- of 'the Bayfront Park Redevelopment=pepper Fountain s r« �. are hereby waived. No later than 48 hours prior to the issuance of 1ny1tations for bid the design and plans for the herBiil f , Project', together with a firm estimate of Project cost shall be rr E furnished to each member of the City Commission. Within such°48• z hour period, any Commissioner shall have the right to order the y aid ! City Manager to take no further action on this Project until thy. TM i �t City Commission authorizes further action. s , ■ ; SECTION 4. The City Manager Is hereby authorized to. acCep the lowest responsive and responsible bids for the construction; of s+id project. SECTIONS. The City Manager is hereby authorized Lo`exeCute and/or issue the necessary documents, in a fprm accep,tebla tia the't ,r Ctty Attorney, with the successful bidder(rs) `for .the cons ruetioh �' i dp rod ect. t fi ,Fk 3 j n€n