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Home My WebLink AboutR-05-0131City of Miami Legislation Resolution: R-05-0131 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00131 Final Action Date: 2/24/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING THE CONTRACT AWARDED TO SHORELINE FOUNDATION, INC. ("CONTRACTOR"), PURSUANT TO RESOLUTION NO. 04-0107, ADOPTED FEBRUARY 26, 2004, IN THE AMOUNT NOT TO EXCEED $3,372,617, INCREASING THE COMPENSATION AMOUNT FROM $6,957,195 TO $10,329,812, FOR ADDITIONAL STRUCTURAL REPAIR WORK REQUIRED FOR THE PROJECT ENTITLED "BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT, B-30293" (FORMERLY B-3293); AMENDING RESOLUTION NO. 04-0107 TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH THE CONTRACTOR; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 331418; AND AMENDING RESOLUTION NO. 04-0107 TO REFLECT SAID INCREASE. WHEREAS, the Administration is responsible for the implementation of shoreline stabilization improvements and is currently working on the first segment of the Bicentennial Park Shoreline Stabilization Project; and WHEREAS, pursuant to Resolution No. 04-0107, adopted February 26, 2004, the City Commission approved the bid of Shoreline Foundation, Inc. ("Contractor") for the project entitled "Bicentennial Park Shoreline Stabilization Project," B-30293 ("Project"), formerly B-3293, in an amount not to exceed $6,957,195.10 from Capital Improvements Project ("CIP") No. 331418; and WHEREAS, the Administration has identified the critical need for continuation of the current repair work into the adjacent 695 linear feet of existing shoreline, located along Biscayne Boulevard between Bicentennial Park and the American Airlines Arena; and WHEREAS, the deteriorated municipal seawall is in significant disrepair and without continuous rehabilitation, the structural stability of the public park grounds is gravely endangered; and WHEREAS, the Project is essential to the life, health, welfare, safety and convenience of the City of Miami ("City") and the restoration of the integrity of Bicentennial Park's waterside perimeters; and WHEREAS, the Administration has determined that the most expeditious method to continue with the repairs of the seawall and shoreline stabilization, is to waive competitive sealed bidding procedures, as provided in Sections 18-89 and 18-90 of the Code of the City of Miami, Florida, as City of Miami Page 1 of 3 File Id: 05-00131 (Version: 1) Printed On: 10/28/2016 File Number: 05-00131 Enactment Number: R-05-0131 amended ("City Code"), and allowed under Florida Statutes 255.20, for the selection of the Contractor; and WHEREAS, the Contractor is currently working on the first phase of the Project and has excellent qualifications uniquely geared to this Project and is experienced and familiar with the work and the physical conditions of the site; and WHEREAS, the City Manager requests authorization to execute Amendment No. 1 to the Agreement with the Contractor, in substantially the attached form, to provide for the increase in the scope of work and compensation for Phase II of the Project and to allow for future increases of the contract for the same and similar work on subsequent segments, subject to City Commission approval, and pricing guidelines for such segments; and WHEREAS, presently, funds for the Project are available under the CIP No. 331418 entitled "Bicentennial Park Improvements," in the amount of $3,372,617; and WHEREAS, the City Manager's written finding of a valid public emergency, attached and incorporated, references that it is in the best interest of the City, to waive competitive sealed bidding procedures, provided in Sections 18-89 and 18-90 of the City Code, for selection of the contractor for the Project, under an existing contract dated March 26, 2003, having determined that said firm is an appropriately licensed and certified contractor, and is experienced and uniquely qualified to undertake and to continue to perform the required work on behalf of the City; and WHEREAS, said finding of the City Manager has been duly considered and adopted by the City Commission; and WHEREAS, as stipulated in Florida Statutes 255.20(1)(c)(5), projects undertaken as a repair or maintenance of an existing public facility are exempt from competitive bidding procedures; and WHEREAS, this matter is being considered at an advertised public hearing and by the City Commission as required pursuant to Sections 18-89 and 18-90 of the City Code; 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 emergency finding, waiving the requirements for competitive sealed bidding procedures, pursuant to Sections 18-89 and 18-90 of the City Code, increasing the contract amount awarded to the Contractor, pursuant to Resolution No. 04-0107, adopted February 26, 2004, in the amount not to exceed $3,372,617, increasing the compensation amount from $6,957,195 to $10,329,812, for additional structural repair work required for the Project is ratified, approved and confirmed, with funds allocated for said increase from CIP No. 331418. Section 3. Section 1 of Resolution No. 04-0107 is amended in the following particulars:{1} City of Miami Page 2 of 3 File Id: 05-00131 (Version: 1) Printed On: 10/28/2016 File Number: 05-00131 Enactment Number: R-05-0131 "RESOLUTION NO. 04-0107 Section 1. The bid of Shoreline Foundation, Inc., in an amount not to exceed $6,957,195.10 $10,329,812, for the project entitled "Bicentennial Park Shoreline Stabilization Project, Phase I, B-3293," is accepted, with funds allocated, in an amount not to exceed $6,957,195.10 $10,329,812, for contract costs plus $251,874.05 for estimated expenses incurred by the City of Miami, for total project costs in an amount not to exceed $7,209,069.15$10,581,686.05, from Capital Improvements Project No. 331418. *11 Section 4. The City Manager is authorized{2} to execute Amendment No. 1 to the contract, in substantially the attached form. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{3} Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} 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. {3} 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 Miami Page 3 of 3 File Id: 05-00131 (Version: 1) Printed On: 10/28/2016