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Resolution
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Miami, FL 33133
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File Number: 05-00131 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A 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
amended ("City Code"), and allowed under Florida Statutes 255.20, for the selection of the Contractor;
and
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File Number: 05-00131
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}
"RESOLUTION NO. 04-0107
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File Number: 05-00131
Section 1. The bid of Shoreline Foundation, Inc., in an amount not to exceed
$ , $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 $ $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.
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}
APPROV i AS TO FORM AND CORRECTNESS:?'/
_r
JORGE . ERNANDEZ
CITY A O' NEY
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 Cocle
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.
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