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LTC 308-2017 Report on Emergency Purchases and Unauthorized PurchasesMIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov LTC # 308-2017 LETTER TO COMMISSION To: Mayor Philip Levine and Members the City mmission From: Jimmy L. Morales, City Manager Date: June 8, 2017 Subject: Report on Emergency Purchases d Unauthorized Purchases EMERGENCY PURCHASES. Miami Beach City Code Section 2-396 provides for the City Manager to waive the requirements for competitive bidding for emergency purchases as defined in the Code. Pursuant to this provision, emergency purchases exceeding $50,000.00 are to be reported to the City Commission at its meeting following the emergency. The emergency purchase request process outlined in Code allows the City to respond expeditiously to unexpected needs. The Emergency Purchase Request form for each emergency reported is attached. Emergency Purchases UNAUTHORIZED PURCHASES. Miami Beach City Code Section 2-393(a) prohibits the purchase of goods or services unauthorized by the Procurement Division (typically through the issuance of a Purchase Order with stated purchase authority prior to the receipt of goods or services). In its due diligence, the Department of Procurement Management (DPM) has identified those purchases that have been transacted in violation of the stated Code requirement. In those cases, the DPM has required documentation and justification be provided to the City Manager, through the Unauthorized Purchase form, who may then, pursuant to Code, consider and authorize the purchase. Unauthorized purchases exceeding $50,000 are reported to the City Commission at its meeting following the approval of the Unauthorized Purchase form. Unauthorized Purchases 'The noted projects were completed during a prior fiscal year, but were inadvertently not included in the Report on Emergency Purchases and Unauthorized Purchases for the applicable month in which the project was completed. JLM/MT/ D/ F:\PURL\$AL \REPORTS\Monthly Reports\FY 2017\Emergency & Unauthorized Purchase Report\June 7, 2017.docx Page 12 'The noted projects were completed during a prior fiscal year, but were inadvertently not included in the Report on Emergency Purchases and Unauthorized Purchases for the applicable month in which the project was completed. to JLM/MT/ALE/AG F:\PURC\$ALL\REPORTS\Monthly Reports\FY 2017\Emergency & Unauthorized Purchase Report\April 26,2017.docx U MIAMIBEACH Date: May 16, 2017 Requestor: David Martinez. P.E. Location of Emergency: 140 MacArthur Causeway Requesting Department: Fleet Management Warehouse Facility) Office of Capital Improvement Projects (C.I.P.) Required Goods/Services: Contact No.: I Seawall Repair (305) 673-7071 or Ext. 6572 � Nature of Emergency Describe Type (threat to pubiies life, health, welfare or significant loss of property) and Details of Emergency (Attach additional detail, if necessary, and all available documentation justifying emergency declaration.): Overall, the seawall is severely deteriorated and in poor condition. Portions of the walkway behind the Fleet Management warehouse facility have collapsed and other areas have deflected/settled to a point where collapse is imminent. The steel sheet piles have mostly corroded away, further weakening the seawall. Based on BCC Engineering, Inc.'s limited access, the building retaining wall has large continuous cracks that are a concern. Due to the unsafe nature of the walkway slab, the extent of the cracks could not be observed and will need to be further investigated once the slab is secured. Also, due to the large openings in the steel sheet piles, strong currents and wave action, the soil between the seawall and building has completely eroded away, causing the slab to behave differently than what it was originally intended. As cracks form in the slab. the reinforcement begins to corrode, further weakening the slab. It begins to settle, causing additional damage until it eventually collapses. Based on BCC Engineering, Inc.'s observations and conclusions, they recommend the City immediately secure and restrict access to the walkway/seawall area due to the unsafe condition of the concrete walkway and seawall. Also, in the area where a portion of the walkway collapsed, damage to the building foundation was observed. Plans for the repair of the seawall were previously prepared. BCC Engineering, Inc. will be updating the preceding plans to reflect a new seawall hieght of 5.7' NAVD and the construction of a new sidwalk as the sidewalk currently has failed. All other details and materials in the original plans remain the same. Kearns Construction Company agrees to comply with the attached requirements of the General Terms and Conditions, Section 0500, and applicable Articles. (4, 5 & 6) of contract 2015 -267 -KB for the execution of this project. Vendor(s) Proposed Vendor (attach detail if multiple vendors): Estimated Cost (if known): Kearns Construction Company $1,171,375 + $117,137.50 (10% contingency)=$1,288,512.50 Describe How & Why Recommended Vendor(s) Selected: This vendor was selected because time is of the essence and the City has an existing Contract which this vendor can comply with. 2015 -267 -KB: General Terms & Conditions and applicable Articles. (4, 5 & 6). City Code Sec. 2.396. - Emergency Purchases: (a) City Manager. In case of an apparent emergency requiring immediate purchase of supplies or contractual service, the city manager shall be empowered to authorize the procurement director to secure by open market procedure at the lowest obtainable price, any supplies or contractual services not exceeding $25,000.00. The city manager has the authority to act in the case of an emergency that might affect the health. safety and welfare of the city. Such action shall be reported at the next regular meeting of the city commission when supplies or services exceed $25,000.00. (b) Head of Department. In case of actual emergency, and with the prior consent of the procurement director, and the prior approval of the city manager, the head of any using agency may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of the using agency thatply vitally affect the life. health or convenience of citizens. The head of such using agency shall send to the procurement director a requisition and a c Ay Of the delivery record, together with a full written report of the circumstances of the emergency. Departi-nent. Head Procurement Director Assistant City Manager City Manager SIGNATU SIGNATU SIGN, URE: NATURE: DATE: DATE: j/''!� DATE: i, ATE: v 9