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Home My WebLink AboutR-10-0169Vop City of Miami '"* Legislation < U R �O Resolution: R-10-0169 File Number: 10-00010 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/22/2010 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 18-85 OF THE CITY CODE AND FLORIDA STATUTES 255.0525 AND 255.20, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, FOR THE PROCUREMENT OF A PREVIOUSLY INSTALLED FURNITURE PACKAGE AND FURNITURE ELECTRICAL INFRASTRUCTURE, IN THE AMOUNT OF $1,076,378.50, AS AN EMERGENCY PROCUREMENT; FURTHERMORE, WAIVING COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 18-85 OF THE CITY CODE AND FLORIDA STATUTES 255.0525 AND 255.20, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, FOR FORTHCOMING, NON -EMERGENCY ADDITIONAL WORK, INCLUDING A SWITCHGEAR UPGRADE, TECHNOLOGY BOARDS, MEMORIAL SIGNS, AND TACTICAL TRAINING MATS, IN AN AMOUNT NOT TO EXCEED $165,912; AUTHORIZING THE CITY MANAGER THE PROCUREMENT AND PAYMENT FOR BOTH THE EMERGENCY AND NON -EMERGENCY CITY OF MIAMI REQUESTED ADDITIONAL WORK, FOR THE POLICE COLLEGE AND LAW ENFORCEMENT HIGH SCHOOL PROJECT, TO PIRTLE CONSTRUCTION COMPANY, INC., IN THE TOTAL NOT TO EXCEED AMOUNT OF $1,242,290.50; ALLOCATING FUNDS FROM AWARD NOS. 1261, 1496, 1095, AND PUBLIC SAFETY CAPITAL FUND 32000, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED. WHEREAS, the City of Miami ("City"), the Miami -Dade County Board of Commissioners, the Miami -Dade County School Board ("School Board") and numerous other municipalities within Miami -Dade County ("County") have previously entered into an Interlocal Agreement for Public School Facility Planning in the County (the "School Facility Planning Agreement"); and WHEREAS, on June 9, 2005, the City Commission adopted Resolution No. 05-0373, to reaffirm its commitments to the voters and citizens of the City regarding smart growth principles, projects and initiatives for master planning, capital improvement projects and working with the County, the School Board and other municipalities to deliver regional solutions to basic service requirements such as utilities, transit, air and sea ports, schools and other needs; and WHEREAS, on September 7, 2005, the School Board authorized joining forces with the City to create first-rate educational programs and services throughout the City through the formation of an Education Compact to focus on improving academic programs, meeting capital and infrastructure needs and providing community involvement; and City of Miand Page 1 of 5 File Id. 10-00010 (Version: 3) Printed On: 7/25/2017 File Number: 10-00010 Enactment Number: R-10-0169 WHEREAS, the City's Capital Improvement Program and Multi -Year Plan includes the design and construction of an international police training facility ("Police College"); and WHEREAS, the School Board's Capital Improvement Program and Multi -Year Plan includes the design, construction, and operation of a law enforcement high school ("High School") for law studies, homeland security, and forensic sciences; and WHEREAS, the School Board, the City Manager, the Department of Capital Improvements and the Miami Police Department (collectively the "Departments") began negotiation agreements regarding the design, construction, funding, operation, maintenance, and co -location of the Police College and the High School as a single capital improvement project (the "Project") at the City -owned properties located at 405 Northwest 3rd Avenue, ("Miami Police Headquarters") and 401 Northwest 3rd Avenue, ("Adjacent Lot"), Miami, Florida; and WHEREAS, the School Board pursuant to Board Item, F-40 with attachments, approved September 5, 2007, as attached as an Exhibit to the Assignment, commissioned Pirtle for pre -construction services; and WHEREAS, the School Board, pursuant to Board Item, Replacement F-33, approved on December 19, 2007 (the "Authorizing Resolution"), and amended on December 19, 2007, an item to provide (i) that under no circumstances will the School Board provide more than $11.89 million for the Facility (as defined below); and (ii) that the total cost of the Facility to the School Board, all in, shall not exceed $14.3 million, and Board Item, Replacement F-33 as amended on December 19, 2007, authorized the Superintendent to execute a Guaranteed Maximum Price Agreement in the total amount of $35,400,000 and all attachments and exhibits thereto (collectively, the "GMP Amendment") with Pirtle Construction Company, Inc. ("Pirtle"), as one of the qualified responders to the School Board's RFQ issued October 17, 2005 (the "RFQ") for Category "A" New, Remodeling & Renovation Projects Fiscal Year 2005-2006 through Fiscal Year 2009-2010, and the School Board has conducted all of its required procurement procedures, evaluations, public hearings, and public approvals related thereto (the Authorizing Resolution, the GMP Amendment, the RFQ, and the evidences of all required compliance with said procurement procedures, evaluations, public hearings and public approvals of which are all Exhibits to the Assignment, Assumption and Amendment Agreement, dated April 14, 2008 (the "Assignment") by and between the School Board and the City and acknowledged and agreed to by Pirtle, and this Agreement is attached to such Assignment as Exhibit G); and WHEREAS, the City Commission pursuant to Resolution No. 07-0650, adopted November 9, 2007, as attached, as an Exhibit to the Assignment, authorized the City Manager to enter into an Interlocal Agreement, dated as of April 11, 2008 (the "Interlocal Agreement") with the School Board for the design, construction, funding and contingencies of a co -located International Police College and Law Enforcement High School on City -owned property located at 405 Northwest 3rd Avenue, Miami, Florida, within the City (collectively, the "Facility") in an amount not to exceed $37,470,000, and authorizing the City Manager to execute any additional agreements as deemed necessary to establish the ongoing responsibilities of both parties pursuant to the Interlocal Agreement to accomplish the construction, funding, and contingencies of the Facility; and WHEREAS, the School Board and the City have subsequently entered into and executed the Interlocal Agreement; and City of Miand Page 2 of 5 File Id. 10-00010 (Version: 3) Printed On: 7/25/2017 File Number: 10-00010 Enactment Number: R-10-0169 WHEREAS, the Interlocal Agreement provided that certain monies totaling $35,400,000 (the "Escrow Funds"), were to be deposited into the School Board Sub -Account ("School Board Sub -Account") by the School Board in the amount of $11,890,000 and by the City into the City Sub -Account ("City Sub -Account") in the amount of $23,510,000 with the Escrow Agent and held in escrow and delivered upon written instructions from the School Board and the City only upon the occurrence of certain circumstances; and WHEREAS, Pirtle and the City did not have a contract and the furniture, fixtures ("FF&E"), and equipment were not competitively procured by the City in accordance with the City's Procurement Ordinance; and WHEREAS, at the time of execution of the Interlocal the City did not have sufficient funds to implement FF&E which had been originally contemplated; and WHEREAS, the City has identified the funds and thus wishes to make payment for the FF&E, totaling $1,076,378.50, for the installation of a furniture package, in the amount of $887,604.50, and its electrical infrastructure, in the amount of $188,774, as listed in "Exhibit A", attached; and WHEREAS, in the interest of maintaining continuity of work, it was determined by that utilizing another Contractor would substantially delay the project and ultimately cost the City undue additional expenditures, and potentially delay the opening of the school; and WHEREAS, in order not to disrupt the essential governmental services provided by the facility, it was determined that it was most practicable and advantageous to the City for Pirtle to perform the additional work as an emergency procurement; and WHEREAS, Pirtle utilized vendors and furniture pricing from the State of Florida vendors contract; and WHEREAS, in seeking an emergency procurement and the waiver of competitive sealed bidding methods under Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), , installed furniture package and furniture electrical infrastructure, in the amount of $1,076,378.50 as an emergency procurement (" FF&E"), the backing materials to this item include the required memo from the head of the using department to the City Manager and Chief Procurement Officer giving a full explanation of the circumstances of the emergency and the reasons for the selection of the particular firm and the required certification of fund availability from the Director of the Department of Management and Budget; and WHEREAS, in addition, in the interest of maintaining continuity of work and to avoid undue additional expenditures, it has also been determined that it is most practicable and advantageous to the City for to perform forthcoming City requested additional work, including an IT switchgear upgrade, technology boards, memorial signs, and tactical training mats, also detailed in Exhibit A, in an amount not to exceed $165,912; and WHEREAS, in seeking a non -emergency waiver of competitive sealed bidding procedures pursuant to section 18-85 of the City Code, for the forthcoming work, exclusive of the FF&E, the City Manager's signature of concurrence on the memo from the head of the using department provides the required justification and findings for the waiver of competitive bidding procedures for the City of Miand Page 3 of 5 File Id. 10-00010 (Version: 3) Printed On: 7/25/2017 File Number: 10-00010 Enactment Number: R-10-0169 non -emergency items; and WHEREAS, the City Manager thus requests authorization for the procurement and payment, for both the emergency and non -emergency additional work, to Pirtle, in the total not to exceed amount of $1,242,290.50; and WHEREAS, funds are to be allocated from Award Nos. 1261, 1496, 1095, and Public Safety Capital Fund 32000; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing the City Manager's findings of an emergency are ratified, approved and confirmed, the requirements for competitive sealed bidding procedures are waived pursuant to Sections 18-85 and 18-90 of the City Code, and Florida Statutes 255.0525 and 255.20, for the installed furniture package and furniture electrical infrastructure, in the amount of $1,076,378.50 as an emergency procurement. Section 3. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the requirements for competitive sealed bidding procedures are waived pursuant to Section 18-85 of the City Code, and Florida Statutes 255.0525 and 255.20, for the non -emergency items, including an IT switchgear upgrade, technology boards, memorial signs, and tactical training mats as detailed in Exhibit A, in an amount not to exceed $165,912. Section 4. The City Manager is authorized{1 } to procure and provide payment of City requested additional work, for Pirtle, for the Project at the Facility, in an amount not to exceed $1,242,290.50, with funds allocated from Award Nos. 1261, 1496, 1095, and Public Safety Capital Fund 32000, as described in "Exhibit A", attached and incorporated. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: City of Miami Page 4 of 5 File Id. 10-00010 (Version: 3) Printed On: 7/25/2017 File Number: 10-00010 Enactment Number: R-10-0169 {1} 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. {2} 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. City of Miand Page 5 of 5 File Id. 10-00010 (Version: 3) Printed On: 7/25/2017