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Date: 12/ 16/2011 AGENDA ITEM SUMMARY FORM FILE ID: 1.1 Dla50 Requesting Department: Purchasing for CIF Commission Meeting Date: l /12/2012 • District Impacted: All Type: •X Resolution 0 Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Law Department Matter ID No. Subject: A Resolution ratifying_ confirming and approving the City Manager's written finding of an emergency, waving competitive sealed bidding procedures for the procurement of centrifugal water chillers for the Hyatt Regency Miami and James L. Knight Center Convention Center. Purpose of Item: It is respectfully recommended that the Miami City Commission adopt the attached resolution,. by a. four -fifths (4/5ths) affirmative vote, ratifying, confirming, and approving the City Manager's written finding.of•an emergency, waving competitive sealed bidding procedures as stipulated in Section 18-90 and 18-85 of the City of Miami Code, retroactively authorizing Purchase Order #1201 ] 73 for the procurement of centrifugal water chillers from Trane US, Inc., in an amount not to exceed $482,000.00, pursuant to the pricing, terms and conditions of open -competitive: Invitation for Bid (TFB) No. 283251. This purchase is funded in its entirety by the Energy Efficiency and Conservation Block Grant which. is part of the - federal American Recovery and Reinvestment Act (ARRA) of 2009. Background Information: Budget Impact Analysis NO ' Is this item related to revenue? YES Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: 9$0 4=1i1,1(000.5b4;0•,00,I©0Q0 0;0,0:00 CIP Project No: 41-410004 NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: • Final Approvals (SIGN AND DATE) CEP Budget �� J\ Grants IE`or.recei,din :capitaPfiiiids ts Risk Management Purchasin ice• Dept Director Chief City Manager Page 1 of 2 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". Said Ordinance authorized the City Manager to advertise for, receive, review, reject, evaluate responses and award contracts for the listed projects in an "Attachment A' of said Ordinance. "Attachment A - 10/13/11 Revised", identifies this project • • specifically. 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. On October 31, 2011, Trane US, Inc., submitted the only timely, responsive and responsible bid in response to the IFB. The sole timely and responsive bid received, however, did not comply with the requirement set forth in subsection (c) of •Ordinance 13045, which.stipulates that "at least three bids are received from responsive and • responsible bidders.", Award of IFB 283251 by the city manager, therefore, was not authorized pursuant to Ordinance 13045 and additional commission authorization was required. Trane's manufacturing lead time for the chillers, from receipt of a fully approved purchase order, was 70 calendar days. The city manager made an emergency finding on November 15, 2011,-that not • immediately awarding IFB 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 had previously agreed would begin no later than January 2012. As a result, the Office of the City Manager found that it was most advantageous for the city to waive the formal requirements set forth in the City of Miami Code of Ordinances, as amended, specifically Sections 18-85 and 18-90, and awarded said purchase to 'Trane US, Inc, under the pricing, terms and conditions of IFB No. 283251. For purposes of price comparison, a second, non -responsive late bid submittal was received in the total amount of $513,920.00. This is $31,920 more than the lowest responsive and responsible bid received. Page 2 of 2