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HomeMy WebLinkAbout2002-24875 Reso ( RESOLUTION NO. 2002-24875 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING, PURSUANT TO SECTION 255.20 (1) (a) (9), FLORIDA STATUTES, AND FOLLOWING A DULY NOTICED PUBLIC HEARING THAT IT IS IN THE PUBLIC'S BEST INTEREST TO UNDERTAKE CONSTRUCTION SERVICES, RELATIVE TO THE LINCOLN ROAD LIGHTING AND FOUNTAIN RENOVATION PROJECT, SAID PROJECT HAVING AN ESTIMATED COST OF $900,000, USING THE CITY'S PROPERTY MANAGEMENT DIRECTOR, A LICENSED GENERAL CONTRACTOR, AS THE GENERAL CONTRACTOR FOR THE PROJECT AND WHO, AS THE CITY MANAGER'S DESIGNEE, SHALL SELECT, NEGOTIATE, AND AWARD ALL CONTRACTS, AGREEMENTS, PURCHASE ORDERS, AND CHANGE ORDERS FOR THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES RELATIVE TO SAID PROJECT; FURTHER APPROVING A WAIVER OF COMPETITIVE BIDDING BY SI7THS VOTE, FOR PROCUREMENT OF THE AFORESTATED GOODS AND SERVICES, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. WHEREAS, the Mayor and City Commission, at its July 26, 2000 meeting, adopted Resolution Number 2000-24029, which appropriated funds in the amount of $50,000 to Corzo, Castella, Carballo, Thompson, and Salman (C3TS) for architectural and engineering services for surveys of the existing lighting and the development of construction documents for general lighting and fountain enhancements on Lincoln Road (the Project); and WHEREAS. based on the finding of the lighting surveys. the Mayor and City Commission, at its June 6. 2001 meeting, adopted Resolution No. 2001-24461. which appropriated additional funds in the amount of $62,000 to C3TS for the completion of architectural and engineering services, and to complete all construction documents required to obtain the required building permits for Project; and WHEREAS. the architectural/engineered plans have been completed and approved by the Historic Preservation Board and the City's Building Department for required building permits; and WHEREAS, it is the Administration's intent to secure the construction work relative to the aforestated project utilizing the City's Property Management Director, who is a licensed General Contractor; and WHEREAS, accordingly, the Administration. through the Property Management Director, acting as General Contractor, may require the need for the acquisition of goods and services, which may exceed the $25,000 threshold within the City Manager's discretion; and WHEREAS, as a result of the time needed to complete the formal bid processes (i.e. 90-120 days), each time that the Property Management Director has a need to augment the existing City resources for goods and services in excess of $25,000, the project will be placed on hold or delayed significantly; and WHEREAS, pursuant to Section 2-367(e) of the City Code entitled Rejection of bids; negotiation; waiver of competitive bidding, the City Commission, upon written recommendation of the City Manager t may by resolution adopt, by a five-sevenths vote of the City Commission, a waiver of competitive bidding, when the City Commission finds such waiver to be in the best interest of the City; and WHEREAS, the Property Management Director, as General Contractor, will be taking on the responsibility of constructing the improvements to the Project; and WHEREAS, in order to diligently prosecute the required work to timely complete the aforestated vital public project, the Administration would recommend that the Mayor and City Commission waive, by 517ths vote, the formal competitive bidding requirements, relative to enabling the Administration, with its Property Management Director acting as General Contractor, to procure the required goods and services to complete the Project, on an expedited basis; and WHEREAS, notwithstanding the Mayor and City Commission's waiver herein of the competitive bidding requirement, the Property Management Director, utilizing the resources of the Procurement Division, would institute an "expedited" bidding process to ensure the integrity of the process and, while not formal competitive bidding, a process that would still act to procure for the City the highest quality of goods and services at the least expense to the City, and endeavor to obtain as full and open competition, within that expedited framework, as possible: and WHEREAS, following a duly noticed public hearing on May 29, 2002, it is recommended that the Mayor and City Commission herein accept the recommendation of the Administration, to find it would be in the best interest of the public to complete the Project using the City's Property Management Director, who is a licensed general contractor, and further waiving by 517ths vote, the competitive bidding requirement. finding such waiver to be in the best interest of the city, to enable said Director to procure such goods and services as may be necessary for the City to complete the Project. NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: 1. The Mayor and City Commission following a duly noticed public hearing and pursuant Section 255.20 (1) (a) (9), Florida Statutes, herein find that it would be in the public's best interest to undertake construction services relative to the Lincoln Road Lighting and Fountain Enhancement Project, using the City's Property Management Director as a licensed general contractor for same. 2. The Mayor and City Commission further waive, by 517ths vote, the formal competitive bidding requirements, finding such waiver to be in the best interest of the city, and authorizing the City Manager, through the Property Management Director (acting as General Contractor) to select, negotiate, and award all contracts, agreements, purchase orders, and change orders for the purchase of all necessary goods and services (construction and professional) relative to the Project. 3. AU documents referenced herein shall be reviewed by the appropriate members of the Administration and City Attorney's Office prior to execution and shall contain, at a minimum, the following terms and conditions: a) Time of completion of the work in question. b) Fees, costs. and other charges to the City. All fees and costs negotiated should be competitive with fees and charges for similar work in the South Florida area. c) Appropriate provisions addressing insurance requirements (naming the City as an additional insured), indemnification and hold harmless in favor of the City, and payment and performance bonds. d) All scope of services and/or work required shall be prepared in conjunction with and reviewed by the Administration. 4. All contracts, agreements, purchase orders. and change orders over $25,000 shall be executed by the Mayor and City Clerk, and shall be ratified by the Mayor and City Commission at its next available meeting. 5. The total amounts of contracts, agreements, purchase orders, and change orders to be executed pursuant to the approvals set forth herein shall not exceed the appropriated amount for the Project. as same is set forth in this Resolution, without the prior approval of the Mayor and City Commission. 6. Notwithstanding the waiver of competitive bidding herein, the Property Management Director, utilizing the City's Procurement Division, shall use his best efforts through an "expedited" bidding process to assure that the highest quality of goods and services at the least expense to the City is obtained, and endeavor to obtain as full and open competition, as in said process, as possible. PASSED AND ADOPTED THIS 29th day of May, 2002. ~1~~ MAYOR Attest: Robert Parcher David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ..4:!f ~ ~~-" City Atki~ ate CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ -- Condensed Title: A Resolution authorizing the City Manager's designee, the Property Management Director, to serve as the General Contractor for the project and to award all contracts relative to the Lincoln Road Lightning and Fountain Enhancement Project Issue: Shall the Mayor and the City Commission and authorize the City Manager's designee, to serve as the General Contractor for the project and to award all contracts relative to the Lincoln Road Lightning and Fountain Enhancement Project? . Item Summary/Recommendation: It is In the best Interest of the City to waive the competitive bidding requirements since we have in the City a licensed General Contractor, the Property Management Director, who is able to perform as the General Contractor for the project and to select, negotiate and award all contracts necessary (construction and professional) connected with the Lincoln Road lighting and Fountain Enhancement Project. The following . are reasons why the waiver of competitive bidding is in the best interest of the City: 1) Cost Reduction of Project Materials; 2) Savings of General Contractor and Subcontractor's Overhead and Profit; 3) Project Scheduling to Accommodate Merchants and Special Event Needs, 4) Proven Track Record Advisory Board Recommendation: I Financlallnfonnatlon: Amount to be expended: Source of Funds: I All ..- . GO Bond Series 2000 fund No.373 "Save America's Treasures" Grant RDA funds City Center TIF $ 931,636 ,. -."",=,.- , . - ._=~- ...... ~ ~ . -- ~... 386 AGENDA ITEM Jl7 f) DATE S-il..9-0;J... CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, flORIDA 33139 www.cl.mlami-beach.f1.us . . COMMISSION MEMORANDUM Subject: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ ..~ City Manager 0 r . 0 A RESOLUTION TO CONSIDER WHETHER IT IS IN THE PUBLIC'S.BEST INTEREST TO UNDERTAKE CONSTRUCTON SERVICES, RELATIVE TO THE LINCOLN ROAD LIGHTING AND FOUNTAIN RENOVATION PROJECT, SAID PROJECT HAVING AN ESTIMATED COST OF $900,000, USING THE CITY'S PROPERTY MANAGEMENT DIRECTOR, A LICENSED GENERAL CONTRACTOR, AS THE GENERAL CONTRACTOR FOR THE PROJECT AND WHO, AS THE CITY MANAGER'S DESIGNEE, SHALL SELECT, NEGOTIATE, AND AWARD ALL CONTRACTS, AGREEMENTS. PURCHASE ORDERS. AND CHANGE ORDERS FOR THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES RELATIVE TO SAID PROJECT. Date: May 29,2002 To: From: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Section 2-366 of the City Code, entitled Contract Proced ures, states that all supplies and equipment, except as otherwise provided in this division, when the estimated cost thereof shall exceed $25,000.00, shall be purchased by formal, written contract and/or purchase order from the lowest and best responsible bidder, after due notice inviting proposals; however, the city commission shall have authority to waive execution of formal contract in cases where it deems it advisable to do so. (emphasis added) Inasmuch as the City's Property Management Division has been approved as the General Contractor for this project, at times there will be a need for the acquisition of goods and services that may exceed the $25,000 bidding threshold. Therefore, as a result of the time needed to complete formal bid processes (i.e. 90-120 days) each time that Property Management Division has a need to augment its existing resources for goods and services in excess of $25,000, this important project will be placed on hold or delayed significantly. Pursuant to Section 2-367 (e) of the City Code entitled Rejection of bids; negotiation; waiver of competitive bidding, the City Commission, upon written recommendation of the City Manager, may by resolution adopt by a five-sevenths vote ofthe City Commission a waiver of competitive bidding when the City Commission finds such waiver to be in the best interest of the City. 387 Commission Memorandum Lincoln Road Lighting and Fountain Renovation Project May B. 2002 Page 2 of4 After numerous complaints and concerns related to safety issues, raised by the merchants and visitors to Lincoln Road of "dark spots" and uneven distribution of general lighting on Lincoln Road, a complete light survey was completed of the existing conditions. The survey revealed the existing tree light fixtures and shrubbery lights were inadequate to provide consistent general lighting for Lincoln Road. The recommendations of the survey and the project architects were to abandon the tree light fixtures entirely, and to install a combination of pole mounted and tree and shrubbery up-lights to provide for a broader consistent light spread throughout Lincoln Road. The lighting portion ofthe project consists of the following: 1. Removal of all tree mounted light fixtures on Lincoln Road. 2. Installation of approximately 60 pole mounted light fixtures. 3. Installation of 346 shrubbery up-light fixtures. 4. Installation of all associated electrical conduits and wiring required for the project. 5. All associated cutting, trenching, replacing and patching of concrete surfaces necessary for the lighting installation. The Lincoln Road Organizations and the City's Property Management Deparbnent had also addressed concerns for the design features and operational problems with the fountains on Lincoln Road. The fountains have had problems with the circulation of water due to the original design not providing adequate water supply lines in the sizes needed for the proper operation of the fountains. The Lincoln Road Organizations had also requested that the City have a survey of the existing fountain conditions completed to provide recommendations for other fountain enhancements such as replacing the existing fountain spray heads with a more decorative and lighted type. The fountain portion of the project consists of the following: 1. Increasing the depth of the 700 and 1000 block fountains as necessary to provide necessary piping for increased water flow and filtration. 2. Installation of a circular, lighted, three tier, cascade jet fountain on the 1000 block of Lincoln Road. 3. Installation of a center cascade aerating jet and a circular ring with thirty-two aerating jets on the 700 block of Lincoln Road. 4. Installation of a fountain lighting system in both fountains. 5. Installation of all pumps, conduits, electrical service, concrete cutting and patching and piping necessary for the installation of the new fountains. 6. Rework of existing mosaic tile to match existing. 388 Commission Memorandum Uncoln Road Ughtlng and Fountain Renovation Project May 8, 2002 Page 3 of 4 The following are reasons why the waiver of competitive bidding is in the best interest of the City: . Cost Reduction of Project Materials. By utilizing in-house General Contractor services, the City will have the ability to purchase the majority of building materials needed for the project, directly from the manufacturer. External contractors would be required to purchase these materials from a supply house that would increase the costs of the purchase of supplies by adding stocking charges. plus overhead and profit on top of the manufacturer costs. This would provide a substantial saving to the City on material purchases for the project. . Savings of General Contractor and Subcontractor's Overhead and Profit. In outsourced projects, general contractors add a typical range of 15-20% on top of project cost for overhead expenses and profit. By using in-house services, this would be a direct cost savings to the City for these items. Additionally, as electrical, plumbing, painting, and carpentry would also be provided under in-house services, limited sub-contractors would be required for the project. This would also provide savings to the City on overhead and profit costs that would also be required to be paid to the subcontractors. . Project Scheduling to Accommodate Merchants and Special Event Needs. Under routine contractual agreements, the General contractor provides a workflow schedule that is inflexible in accommodating unforeseen circumstances or required change of workflow without the requirement of a project change order or additional costs. In-house construction would provide flexibility of schedules to work with unforeseen circumstances including special events, and special merchant's needs on Lincoln Road without the need for change orders or extra costs for the project. . Proven Track Record Property Management has provided General Contracting services for the City on many past projects. These include the construction of the Electrowave facility on T erminallsland. the design and renovations completed to date on the Byron Carlyle Theater, the Pinetree Park GO Bond project, the Fire Station #2 maintenance facility GO Bond project, the renovation ofthe VCA and 555 Building, ADA compliance projects Citywide, and multiple major renovations to the City Hall, 21 Street Community Center, and the Historic City Hall Buildings. Each of these projects was completed on or below the estimated budget for the projects. 389 Commission Memorandum Lincoln Road Lighting and Fountain Renovation Project May 8, 2002 Page 4 of4 Recommendation: That the Mayor and City Commission adopt the attached Resolution which waives the competitive bidding requirements, finding such waiver to be in the best interest of the City, and authorizing the City Manager's designee. who shall be the Property Management Director, a Licensed General Contractor, to select, negotiate, and award all contracts, agreements, purchase orders, and change orders for the purchase of a/l necessary goods and services (construction and professional) relative to the Lincoln Road lighting and fountain renovation project; providing that a/l documents be reviewed by the appropriate members of the Administration, City Attorney's Office, and contains minimum terms and conditions as set forth in this resolution; and further authorizing the Mayor and City Clerk to execute any and a/l agreements relative to the aforestated projects. JMG\RCM\FHB\BAJ T:\AGENDAI2OO2'MAY2802\REGUJ.ARlWaIve UIlCXl/nRd.doc 390 CORZO CASTELLA CARBALIp THOMSON SALMAN, PA - . Pl!ge:1 of 1 ProJeot; Miami Beech Uncoln RolId Budget Dale: FBbrWry 1.2002 Project No.: 1317..03.03 RltvItIon DaI8: Estlm.te of Probable Cost of ConstructJon (400.1100 Block) KEY DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL .. . DiY. 1 GENERAL Culflng, T18nching,& PatdJing (incl. It. fixll1ll1XMlll .1 LS 25,000.00 125,000.00 . SECTION TOTAL I2I,ooO.oG . DiY. 2 S/TEWORK . N_ fountain 1000 block incl. incbIlIIdlon 1M 86.825.00 S55,UDO.DO New fauntaln 700 black incl. In8taJlation . 1 EA 66.825.00 $50,415.00 SECTION TOTAL 1'106,315.00 DIv.3 CONCRE:TE ~ FOOlInaa tor Ught FbClUres 160 CY 130.00 $19.600.00 .. . . 8ECTlON TOTAL . - '1',100.00 Div. 18 El.ECTRICAL Pole Mounted Liaht FIxIures IncL I8mD8 80IeA 1.308.00 178.480.00 ShruberY UghtFlxt1n8 225 EA 335..00 175,376.00 IShruberY I ~ ClUDI8X I 120 EA 575.00 $45,000.00 InllfallatiOn & Mac. I a 1 La .000.00 1295~ 8ECT10N TOTAL t4U,8H.oo EmMA TE SUMMARY DIv.1 GENERAL 125.000.00 D1v.2 SITEWORK 1108.315.001 D1V.3 CONCRETE . $19,500.IlOl D1v. 18 ELEC7R1CAL $493,855.]21 :auDlOtlJ t844.I7IJ.GO Oenoral Oondlt\Ona 12 " 0.12 177.380.040 Subtotal 1722.0SO.AO G.C OVemead & Profit . 10 % 0.10 172.203.04 Sub\l:aI tI7lILI. Boncl Premium 2% 0.02 115,804.67 SublclBl $810.118.11 Design Contlngenallll . 111 " 0.15 $121,517.72 GRAND TOTAL $131,835.83 391 CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARiNG ~ ~ NOTICE IS llERBJy given !hat pursuant to Section 255.20(1)(A)(9), FIoIida Statutes, a public heat1ng will be held by !he City Commission at lite City of Miami BeaCh, In tI1e. Commission Chambers, 3rlI ffoor, City Hall, 1700 Convention Center DrIve, MIami Beach, AorilIa, on Wednesday. May 29, 2002 at 11:30 a.m., to conslller whe!her It is In !he public's best interest to undertake conslruclion ,services, relative to the Lincoln Road lIghtlng and fountain Renovation Project. said Project having an estlmalell cost of $900.000. using the City's Property Management Director, a licensed General Contractor, as !he General Contractor for !he Project and Who, as !he CIty Manager's Designee. shall select, negotiate, 8IllI IWaIlt all contracts, agreaments, purchase Orders, and change OlltellllQr !he Pl/fchase of all necessary gOOds 8IllI services reiallve 10 saIlI Project. INOUIIUe; may be lIIreClel/ to the Public Works at (305) 873-7080. ALL INTERESTED I'ARTIES are InYItelIIO appear at !his hearmg be r.epresenlell by an agent, or 10. 8JCP/llsa !helrvlews In writing adl/resse(/ 10 .!he City Commission, c/o !he CfIy Clerk, 1700 Conv8!ltion Center Drive, 1 st Floor, City Hall, Miami Beach, Aorllla 331S9. This meeting may be COntlnued and under such circumstances a(/(/jjjonal legal notice woukl not be provil/ed. Robert E. Parcher. City Clerk City at Miami Beach Plusuant 10 Sectlon 2S8.0105, A.. Slat, !he CIty hereby advises !he pUblic that; If a person lIecldes to appeal ally decision ml!lle by 11)8 Clly Commls$lon with . rllSpeCt te any matter COI1SIIleralI at.lIs meeting or lis hearing, SI,/Ch person must ensure lIlata verbalfm reconl at lhe proceedings ls malle, Which riIcoIlt Inclucfes the lestimony and evidence upon which lhe appeal Is to be based. This noIIcs lIoea not COI1st/tute consent by !he City for the introduction or admission at otherwise InalImlssable or irrelevant evidence, nor lIoes It autIIor/za challenges or appeals not otherwise alloWed by law. . In 8CCorl/ance with the Amerfcans with Diaabilllfes Act at'1990,'pelllOllS needing SPecial accommodation 10 participate in 1I1is proceeding should contact !he CIty Cle/l('s office no later 1I1an four lIaysprior 10 the Proceeding. Telephone (305) 673-7411 for asslst8nce; If hearing impaired, telephone 1I1e FIoIid8 Relay Service /lUmbers, (SOO) 955-Sm (TOO) or. (800) 955-8no (VOICE), for assls1ance. , . Ad 10100 392 ~ W ;! c: '" en CI ,. .:< ~ ,. -< - 13. ~. :J CD z CD ~ E ..