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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www,ci.mlami.fl.us File Number: 06-00368 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 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, FURTHER AMENDED PURSUANT TO RESOLUTION NO. 05-0131, ADOPTED FEBRUARY 24, 2005, IN AN AMOUNT NOT TO EXCEED $5,330,462, INCREASING THE COMPENSATION FROM $10,329,812 TO $15,660,274, FOR ADDITIONAL STRUCTURAL REPAIR WORK REQUIRED FOR THE PROJECT ENTITLED "BICENTENNIAL SHORELINE STABILIZATION PROJECT, B-30293;" AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $3,223,080, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-30293, AND THE REMAINING BALANCE OF AN AMOUNT NOT TO EXCEED $2,107,382, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30293; AMENDING RESOLUTION NO. 05-0131 TO REFLECT SAID INCREASE. WHEREAS, the City of Miami ("City") is responsible for the implementation of shoreline stabilization improvements and is currently working on the second phase of the Bicentennial 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 Shoreline Stabilization Project", B-30293 ("Project"), in the amount not to exceed $6,957,195; and WHEREAS, pursuant to Resolution No. 05-0131, adopted February 24, 2005, the City Commission approved Amendment No. 1 to the contract for Phase II of the Project, in an amount not to exceed $3,372,617; and WHEREAS, the Administration has identified the critical need for continuation of the repair work under Phase III of the Project; 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 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 City of Miami Page 1 of 3 Printed On: 3/9/2006 File Number: 06-00368 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 Statute 255,20, for the selection of the Contractor; and WHEREAS, the Contractor is currently working on the second 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; and WHEREAS, the City Manager requests authorization to execute Amendment No. 2 to the Contract with the Contractor, in substantially the attached form, to provide for an increase in the scope of work and compensation for Phase I11 of the Project; and WHEREAS, funding in the amount of $3,223,080, is currently available for this increase from Capital Improvement Project ("CIP") No. B-30293, with the remaining balance of $2,107,382, becoming available on October 1, 2006 from Fiscal Year 2006-2007 budget; 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 for the Project and determines that the Contractor is uniquely qualified to undertake and continue to perform the required work on behalf of the City; and WHEREAS, said findings of the City Manager have 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; 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 findings, waiving competitive bidding procedures, pursuant to Section 18-89 of the City Code, increasing the Contract amount awarded to the Contractor, pursuant to Resolutions No. 04-0107. adopted February 26, 2004, further amended pursuant to Resolution 05-0131, adopted February 24, 2005, increasing the compensation from $10,329,812 to $15,660,274, for additional structural repair work required for the Project, is ratified, approved and confirmed. Section 3. Resolution No. 05-0131, adopted February 24, 2005, is amended in the following particulars:{1 } "Resolution No. 05-0131 * * * Section 1. The bid of Shoreline Foundation, Inc., in an amount not to exceed $10,329,812 $15,660,274, for the project entitled "Bicentennial Park Shoreline City of Miami Page 2 of 3 Printed On: 3/9/2006 File Number: 08-00368 Stabilization Project, Phase I, B-3293," is accepted, with funds allocated, in an amount not to exceed $10,329,812, $15,660,274, 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 $4975 05 $15,912,148.05, from Capital Improvements Project No. 331418. Section 4. Funds for said increase, in the amount not to exceed $3,223,080, for Fiscal Year 2005- 2006, are allocated from CIP No. B-30293, and the remaining balance of an amount not to exceed $2,107,382, for Fiscal Year 2006-2007, are allocated from CIP No. B-30293. Section 5. The City Manager is authorized{2} to execute Amendment No. 2, 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 JORGE L. CITY ATT Footnotes: {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 Miami Page 3 of 3 Printed On: 3/9/2006