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Home My WebLink Aboutpre resolution3City of Miami Legislation Resolution: R-04-0428 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.rtraml.JLua File Number: 0¢00719 Final Action Dote: 6'2412004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES AND INCREASING THE CONTRACT AWARDED TO PROFESSIONAL GENERAL CONTRACTORS INC., PURSUANT TO RESOLUTION NO. 03-829, ADOPTED JULY 17, 2003, AMENDED BY RESOLUTION NO, 04-0179, ADOPTED MARCH 25, 2004, IN AN AMOUNT NOT TO EXCEED $400,000, INCREASING THE TOTAL CONTRACT AMOUNT FROM $2,449,031 TO $2,849,031, FOR THE PROJECT ENTITLED "ORANGE BOWL STADIUM STRUCTURAL REPAIRS 2003, B-30297 (FORMERLY 6-3297);" AMENDING RESOLUTION NO. 04-0179, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 324002. WHEREAS, Resolution No. 03-829, adopted July 23, 2003, authorized the City Manager to enter a contract on behalf of the City of Miami ("City') and Professional General Contractors, Inc. ("Contractor') on September 10, 2003, for the project entitled "Orange Bowl Stadium Structural Repairs 2003, B-30297 (formerly 3297)" ("Project"); and WHEREAS, the contract sum, subject to additions and deductions and based on sum and unit prices, as provided in the proposal and other contract documents, totaled $1,949,039; and WHEREAS, Resolution No. 04-0179, adopted on March 25, 2004, authorized the City Manager to increase the contract awarded to Professional General Contractors, Inc., in an amount not to exceed $500,000, increasing the contract from $1,949,039 to $2,449,031, to pay for the repair of 15 additional supports of the upper trusses of the north side of the Orange Bowl Stadium ("Stadium"), and to replace four (4) access ramps that were severely damaged; and WHEREAS, severe structural overstress has been observed in the concourse at + 36' - 0" Elev., at the north side of the Stadium, where the 4" concrete slab that conforms the concourse is showing cracks and deflections that represent structural failures in nature, indicating that the structural integrity of the slab is lost; and WHEREAS, the City received additional requests from Bliss & Nyitray, Inc. ("Consultants") to do remedial repair work in several bent beams that are severely corroded and need to be replaced; and WHEREAS, the Consultants, who are under contract to the City to oversee the structural repairs, are recommending that the deficiencies be repaired to restore the structural integrity of the Stadium in a timely manner prior to the 2004 University of Miami football season; and City of Miami Page 1 of 3 Praoted Or: 60361004 File Number: 04-00719 Enacbnent Nwnber: R-04-0428 WHEREAS, the additional work, and materials required to accomplish the proposed work is an amount not to exceed $400,000; and WHEREAS, funds for the additional work, in an amount not to exceed $400,000, are available from Capital Improvement Project ("CIP") No. 324002; and WHEREAS, Florida Statute 255.20 exempts repair and maintenance of an existing public facility from formal competitive bid requirements; and WHEREAS, the head of the Department of Capital Improvements has submitted an explanation that this is an emergency procurement as provided in §18-90 of the Code of the City of Miami, Florida, as amended, and otherwise complied with this section; and WHEREAS, the City Manager has made a written finding that this is an emergency condition which is in the interest of public safety requires immediate repairs; 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, the City Manager's finding of an emergency, waiving competitive bidding procedures and increasing the contract awarded to Professional General Contractors Inc., pursuant to Resolution No. 03-829, adopted July 17, 2003, and amended by Resolution No. 04-0179, adopted March 25, 2004, in an amount not to exceed $400,000, increasing the contract from $2,449,031 to $2,849,031, to cover additional work required for the project entitled "Orange Bowl Stadium Structural Repairs 2003, B-30297, (formerly B-3297)," is ratified, approved and confirmed. Section 3. Resolution No. 04-0179, adopted March 25, 2004, is amended in the following particulars:{1) "Resolution No. 04-0179 Section 1. By a four -fifths (4/5ths) affirmative vote, the City Manager's finding of an emergency, waiving competitive bidding procedures, and accepting the bid of PROFESSIONAL GENERAL CONTRACTORS, INC., for the project entitled "Orange Bowl Stadium 2003 Structural Repairs (Second Bidding), B-30297," in the amount of $2,449,034 $2,849,031, is ratified, approved, and confirmed, with funds allocated from Capital Improvements Project No. 324002, in the amount of $2 449,03.1- $2,849,031 for contract costs and $113,000 for expenses to be incurred by the City, for total project costs in the amount of $2,562,031 $2.962.031. « • ♦N Section 4. Funds for said increase are allocated from CIP Account No. 324002. City of Miami Page 2 of3 Primed O,: 413461O4 Re Number. 04-00719 Enactment Number: R-04.008 Section 5. The City Manager is authorized(2) to execute the Second Amendment to the contract, in substantially the attached form. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{3} APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY Footnote: {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 Mimwi Page 3 of 3 Printed On: 63&2OI4