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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01230 Final Action Date:
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
REGARDING THE HYATT REGENCY MIAMI AND JAMES L. KNIGHT CENTER
CONVENTION CENTER'S REPLACEMENT OF COOLING TOWER AND
CHILLERS PROJECT NO. 41-410004; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS
18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; RETROACTIVELY RATIFYING PURCHASE ORDER NO. 1201173,
FOR THE PROCUREMENT OF CENTRIFUGAL WATER CHILLERS FROM TRANE
US, INC., IN AN AMOUNT NOT TO EXCEED $482,000, PURSUANT TO THE
PRICING, TERMS AND CONDITIONS OF OPEN -COMPETITIVE INVITATION FOR
BID NO. 283251; ALLOCATING FUNDS FROM THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT WHICH IS A PART OF THE FEDERAL
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009.
WHEREAS, Ordinance No. 13045, adopted December 11, 2008, amending Chapter 18, Article
III, of the Code of the City of Miami, Florida, as amended, the "Procurement Ordinance," enacted a
new Section 18-117, entitled "Economic Stimulus Awards and Agreements"; and
WHEREAS, said Ordinance authorized the City Manager to advertise for, receive, review,
reject, evaluate responses and award contracts .for the listed projects in an attachment of said
Ordinance, entitled "Attachment A -10/13/11 Revised", that identifies the Hyatt Regency Miami and
James L. Knight Center Convention Center's Replacement of Cooling Tower and Chillers Project No.
41-410004 specifically; and
WHEREAS, in accordance with this Ordinance, on October 14, 2011, the Purchasing
Department issued open -competitive Invitation for Bid ("IFB") No. 283251, for the procurement of
centrifugal water chillers for future installation at the James L. Knight Center; and
WHEREAS, on October 31, 2011, Trane US, Inc., submitted the only timely, responsive and
responsible bid in response to the IFB; and
WHEREAS, however, the bid did not comply with the requirement set forth in subsection (c) of
said Ordinance, which stipulates that "at least three bids are received from responsive and responsible
bidders"; and
WHEREAS,=the award of IFB'No. 283251, by the CitTManager was not authorized pursuant to
!,,.said;Ordinance and additional City Commission authorization :was required; and
WHEREAS, Trane -US, ,Inca's manufacturing lead time for the chillers, from receipt of a fully
approved purchase order, was seventy (70) calendar days; and
City of Miami
. Page I of 2 File Id: 11-01230 (Version: 1) Printed On: 12/27/2011
File Number: 11-01230
WHEREAS, the City Manager made an emergency finding on November 15, 2011, that by not
immediately awarding IFB No. 283251, to order the chillers, would have had a disastrous and
extremely negative impact on the Phase II construction schedule for the project, which the City of
Miami ("City") had previously agreed would begin no later than January 2012; and
WHEREAS, the City Manager found that it was most advantageous for the City to waive the
formal requirements set forth in Sections 18-85 and 18-90 the Code of the City of Miami, Florida, as
amended ("City Code"), and awarded said purchase to Trane US, Inc., under the pricing, terms and
conditions of IFB No. 283251;
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 fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, the City Manager's finding of an emergency
regarding the Hyatt Regency Miami and James L. Knight Center Convention Center's replacement of
Cooling Tower and Chillers Project No. 41-410004, waiving the requirements for competitive sealed
bidding procedures, pursuant to Sections 18-85 and 18-90 of the City Code, is ratified, approved, and
confirmed, retroactively ratifying Purchase Order No. 1201173, for the procurement of centrifugal
water chillers from Trane US, Inc., in an amount not to exceed $482,000, with funds allocated from the
Energy Efficiency and Conservation Block Grant which is a part of the Federal American Recovery and
Reinvestment Act (ARRA) of 2009.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{ } 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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File Id: 11-01230 (Version: 1) Printed On: 12/27/2011