2003-25152 ResoRESOLUTION NO. 2003-25152
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING,
BY 517THS VOTE, A WAIVER OF COMPETITIVE BIDDING
PURSUANT TO CHAPTER 2, ARTICLE VI, DIVISION 3,
SECTION 2-367(E) OF THE CITY OF MIAMI BEACH CODE,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO
TAKE ALL APPROPRIATE ACTIONS FOR THE PURCHASE,
SUPPLY, DELIVERY, AND INSTALLATION OF AN
ESTIMATED QUANTITY OF 15 (45 FT. G.W.) FLORIDA
ROYAL PALMS FOR THE LA GORCE ISLAND
LANDSCAPING PROJECT; SAID PROCUREMENT IN AN
AMOUNT NOT TO EXCEED $78,275, TO BE FUNDED FROM
THE $92 MILLION GENERAL OBLIGATION BOND-SERIES
2000, FUND No. 373, WHICH WAS ORIGINALLY
APPROPRIATED FOR LA GORCE ISLAND ON MAY 16,
2001 THROUGH THE ADOPTION OF RESOLUTION 2001-
24372 BY THE CITY COMMISSION.
WHEREAS, the residents of La Gorce Island have requested lighting and
landscaping improvements to their neighborhood; and
WHEREAS, the City is desirous of pursuing lighting and landscape improvements
within the La Gorce Island neighborhood; and
WHEREAS, $200,000 of funding has been identified from the $92 Million General
Obligation Bond - Series 2000, Fund No. 373, for said improvements; and
WHEREAS, at its meeting on April 2, 2001, the General Obligation Bond Oversight
Committee recommended the appropriation of $200,000 of General Obligation Bond Funds
to be applied to the construction costs associated with the enhancements to La Gorce
Island; and
WHEREAS, on May 16, 2001, the City Commission appropriated funds in the
amount of $200,000 for the construction of the La Gorce Island enhancements project; and
WHEREAS, on March 20, 2002, the City Commission awarded a contract to Tip Top
Enterprises, Inc., in the amount of $94,725, pursuant to Bid No. 03-01/02, for the supply,
delivery, and installation of twenty-two (30 Ft. G.W.) Florida Royal Palms and seven (10 Ft.
C.T.) Canary Palms for the La Gorce Island enhancement project; and
WHEREAS, subsequent to the contract execution with Tip Top Enterprises, Inc., the
La Gorce Island community has continued to request the installation of (45 Ft. G.W.)
Florida Royal Palms, instead of the (30 Ft. G.W.) Florida Royal Palms specified in the
contract with Tip Top Enterprises, Inc.; and
WHEREAS, Tip Top Enterprises, Inc., had previously informed the City that it was
willing to provide the (45 Ft. G.W.) Florida Royal Palms, but not with a one year guaranty,
as stipulated in the Bid; and
WHEREAS, additional conversations with the contractor indicated that it is not
willing to provide the (45 Ft. G.W.) Florida Royal Palms but rather will only comply with the
terms of its executed contract with the City, which stipulates the provision of (30 Ft. G.W.)
Florida Royal Palms; and
WHEREAS, in view of Tip Top Enterprises, Inc.'s position, Resolution No. 2003-
25127 was approved by the City Commission on February 26, 2003, authorizing the
administration to terminate for convenience Contract No. 03-01/02 in the amount of
$94,725 with Tip Top Enterprises, Inc.; and
WHEREAS, the Administration and Legal Department have subsequently been
communicating with Tip Top Enterprises, Inc. for a solution that would avoid possible
litigation and fulfill Tip Top Enterprises, Inc.'s contractual agreement, allowing the planting
of the (30 Ft. G.W.) Florida Royal Palms on Normandy Golf Course to be paid out of Gulf
Breeze Capital Fund 381; and
WHEREAS, allowing the planting on Normandy Golf Course would free $ 69, 000
from the allocated G.O Bond Funds, previously appropriated to La Gorce Island, for the
supply, delivery, and installation of (45 Ft. G.W.) Florida Royal Palms; and
WHEREAS, the planting of the (45 Ft. G.W.) Florida Royal palms, because of their
size, is not recommended past the month of April; and
WHEREAS, if the April date is missed, planting of these large palm trees will have to
occur next year; and
WHEREAS, pursuant to the procedures established in Chapter 2, Article VI, Division
3, Section 2-367(e) of the City of Miami Beach Code, the Mayor and City Commission may,
by 5/7th vote, waive competitive bidding requirements, if it is in the best interest of the City.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve, by 5/7ths vote, a Waiver of Competitive Bidding, finding such
Waiver to be in the best interest of the city, and authorizing the City Manager to take all
appropriate actions for the purchase, supply, delivery, and installation of an estimated
quantity of 15 (45 Ft. G.W) Florida Royal Palms for the La Gome Island Landscaping
Project; said procurement in an amount not to exceed $78,275, to be funded from the $92
million General Obligation Bond - Series 2000, Fund No. 373, which was originally
appropriated on May 16, 2001 through the adoption of Resolution 2001-24372 by the City
Commission.
PASSED AND ADOPTED this 19th d~ of_~~ .2003.
ATTEST:
CiTY CLERK
T:~AGENDA~003~nar1903\consent\La Gorce Island Bid Waiver~LaGorcels-RESO-3.19.03.doc
F~ & L.,AJdC3UA(:3G
& FO~ EXEcU'rlON
EXHIBIT A
CONTRACTORS
In alphabetical order
Eddie Arazoza
Arazoza Brothers Corporation
15901 SW 242nd St.
Homestead, FL
Ph: (305) 246-3223
Fx: (305) 246-0481
Steve Mazzarella
Everglades Environmental
16705 NW 122nd Ave.
Miami, FL 33018
Ph: (305) 828-8282
Fx: (305) 828-8080
Andres Viamontes
Florida Lawn Service, Inc.
P.O. Box 831719
Miami, FL 33283-1719
Ph'. (305) 553-2377
Fx: (305) 553-2136
Ernest Wright
Tropics North
26401 SW 107th Avenue
Princeton, FL 33032
Ph: (305) 258-0809
Fx: (305) 258-0809
William Quintero
Vila and Son Landscaping Corporation
20451 SW 216th Street
Miami, FL 33170
Ph: (305) 805-0066
Fx: (305) 805-4270
CI3Y OF MIAMI BEACH ~1~
COIYMISSlON ITEM SUMMARY
Condensed Title:
Approve a Waiver of Competitive Bidding for the supply, delivery, and installation of 45 Ft. G.W. Florida Royal Palms
in amount not to exceed $78, 275 derived from the $92 million G. O. Bond-Series 2000, Fund No. 373, which was
an
originally appropriated by the Commission on May 16, 2001.
Issue:
Shall the City approve a Waiver of Competitive Bidding to expedite the installation of 45 Ft. G.W. Florida Royal Palms
l at La Gorce Island.
Item Summary/Recommendation:
On May 16, 2001, the Mayor and City Commission appropriated funds from the General Obligation Bond (GO) for La
Gorce Island enhancements. Invitation to Bid No. 03-01/02 was issued for the supply, delivery, and installation of
Royal Palms and Canary Palms for this purpose.
On March 20, 2002, the City Commission awarded a contract to Tip Top Enterprises, Inc. in the amount of $94,725,
)ursuant to Bid No. 03-01/02, for the supply, delivery, and installation of twenty-two (30 Ft. G.W.) Florida Royal Palms
and seven (10 Ft. C.T.) Canary Palms. Subsequent to the Contract execution with Tip Top Enterprises, Inc., the La
Gorce Island community has continued to request the installation of (45 Ft. G.W.) Florida Royal Palms.
The contractor, Tip Top Enterprises, Inc., had previously informed the City that he was willing to provide the (45 Ft.
G.W.) Florida Royal Palms, but not the one year guaranty, as stipulated in the Bid Form. Additional conversations with
the contractor indicated that he was not willing to provide the (45Ft. G.W.) Florida Royal Palms. In view of Tip Top
Enterprises, Inc.'s position, Resolution No. 2003-25127 was approved by the City Commission authorizing the
Administration to terminate for convenience the contract with Tip Top Enterprises, Inc.
Subsequently, the City Administration and Legal department have been communicating with Tip Top Enterprises, Inc.
for a solution that would avoid possible litigation and fulfill their contractual agreement allowing the planting of the (30
Ft. G.W.) Florida Royal Palms on Normandy Golf Course to be paid out of Gulf Breeze Capital Fund 381. This would
free $ 69,000 from the allocated G.O Bond Funds, previously appropriated to La Gorce Island, for the supply, delivery,
and installation of (45 Ft. G.W.) Florida Royal Palms. The balance of $25,725 of the contract with Tip Top Enterprises,
Inc. for installing seven (10 Ft. C.T.) Canary Palms for La Gorce Island would still be implemented by Tip Top
Enterprises, Inc. There is also a contingency of $9,275 available for the project ($69,000 + $9,275= $78,275).
^ waiver of competitive bidding is now necessary to implementation the project since planting the (45 Ft. G.W.) Florida
Royal palms is not recommended past the month of April.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
I N/A
iformation:
Amount to be expended:
Source of Amount Account APProved
Funds:1
I 2
,
Finance Dept. Total
City Clerk's Office Legislative Tracking:
Nury Menicucci, Construction Manager, ClP Office
RCMASSisfant Ci~ :Manager
:,CiW ;Manager
AO .DA,TEM
DATE.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www,ci.miami-beach.fi.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: March 19, 2003
Members of the City Commission
Jorge M. Gonzaiez
City Manager
A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, BY 5/7THS VOTE, AWAIVER
OF COMPETITIVE BIDDING PURSUANT TO CHAPTER 2, ARTICLE VI,
DIVISION 3, SECTION 2-367(E) OF THE CITY OF MIAMI BEACH CODE,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,
AND AUTHORIZING THE CITY MANAGER TO TAKE ALL APPROPRIATE
ACTIONS FOR THE PURCHASE, SUPPLY, DELIVERY, AND
INSTALLATION OF AN ESTIMATED QUANTITY OF 15 (45 FT. G.W.)
FLORIDA ROYAL PALMS FOR THE LA GORCE ISLAND LANDSCAPING
PROJECT; SAID PROCUREMENT IN AN AMOUNT NOT TO EXCEED
$78,275, TO BE FUNDED FROM THE $92 MILLION GENERAL
OBLIGATION BOND-SERIES 2000, FUND No. 373, WHICH WAS
ORIGINALLY APPROPRIATED FOR LA GORCE ISLAND ON MAY 16,
2001 THROUGH THE ADOPTION OF RESOLUTION 2001-24372 BY THE
CITY COMMISSION, AND FURTHER AUTHORIZING, AS SETTLEMENT,
THE PURCHASE OF TWENTY TWO (30 FT. G.W.) FLORIDA ROYAL
PALM FROM TIP TOP ENTERPRISES, INC. FORTHE NORMANDY GOLF
COURSE, AND AUTHORIZING THE USE OF PREVIOUSLY
APPROPRIATED FUNDS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The La Gorce Island Homeowners Association, through several community meetings,
expressed an interest in enhancing the appearance of the island by providing additional
landscaping and lighting. On May 16, 2001, the Mayor and City Commission appropriated
funds from the General Obligation Bond (GO) for this purpose.
Invitation to Bid No. 03-01/02 was issued on December 5, 2001, with a Bid opening date of
January 8, 2002. This resulted in the receipt of four (4) responsive bids. The Bid requested
pricing for a quantity of twenty-two (22), Florida Royal Palms, in sizes of 30 Ft., 35 Ft., and
45 Ft. gray wood (G.W.) and 10 Ft. clear trunk (C.T.) Canary Palms, for a quantity up to
fifteen (15) to be determined, based on the availability of funds.
On March 20, 2002, the City Commission awarded a contract to Tip Top Enterprises, Inc.,
in the amount of $94,725, pursuant to Bid No. 03-01/02, for the supply, delivery, and
installation of twenty-two (30 Ft. G.W.) Florida Royal Palms and seven (10 Ft. C.T.) Canary
Palms for the La Gorce Island enhancement project.
Subsequent to the Contract execution with Tip Top Enterprises, Inc., the La Gorce Island
community has continued to request the installation of (45 Ft. G.W.) Florida Royal Palms,
instead of the (30 Ft. G.W.) Florida Royal Palms specified in the contract with Tip Top
Enterprises, Inc.
The contractor, Tip Top Enterprises, Inc., had previously informed the City that he was
willing to provide the (45 Ft. G.W.) Florida Royal Palms, but not the one year guaranty, as
stipulated in the Bid Forf~. Additional conversations with the contractor indicated that he
was not willing to provide the (45 Ft. G.W.) Florida Royal Palms.
In view of Tip Top Enterprises, Inc.'s position, Resolution No. 2003-25127 was approved
by the City Commission on February 26, 2003 authorizing the Administration to terminate
for convenience Contract No. 03-01/02 in the amount of $94,725 with Tip Top Enterprises,
Inc.
Subsequent to the City Commission's approval of said resolution, the City Administration
and Legal department have been communicating with Tip Top Enterprises, Inc. for a
solution that would avoid possible litigation and fulfill their contractual agreement allowing
the planting of the (30 Ft. G.W.) Florida Royal Palms on Normandy Golf Course to be paid
out of Gulf Breeze Capital Fund 381. This would then free $ 69,000 from the allocated
G.O Bond Funds, previously appropriated to La Gorce Island, for the supply, delivery, and
installation of (45 Ft. G.W.) Florida Royal Palms. The balance of $25,725 of the contract
with Tip Top Enterprises, Inc. for installing seven (10 Ft. C.T.) Canary Palms for La Gorce
Island would still be planted by Tip Top Enterprises, Inc. An additional $9,275 would
remain in the project contingency. Due to the nature of this work, it is further
recommended that these funds be added to the $69,000 noted above and the full $78,275
be authorized for the purchase of the (45 Ft. G.W.) Florida Royal Palms.
A waiver of competitive bidding is now necessary for the implementation of the project
since planting the (45 Ft. G.W.) Florida Royal palms, because of their size, is not
recommended past the month of April. The establishment period required prior to the
Hurricane season as well as synchronizing the planting with the rainy season would be
jeopardized if a formal competitive bid process is required. If the April date is missed,
planting of these large palm trees would have to occur next year. This Waiver would
expedite the construction of the project allowing the City to negotiate with a list of qualified
contractors to install the (45 FT. G.W.) Florida Royal Palms within the recommended time.
A waiver has been estimated to save at least 38 calendar days in the start up of the project
(refer to Projected Timeline below).
Because of the aforementioned time constraints, the Administration has been preparing
informal bid documents to be distributed to the potential list of contractors. Below is a
comparable timeline for the project indicating minimum calendar days required when
processed through a Competitive Bid process and when processed through an informal
Bid. This list of contractors the City has contacted to submit pricing are attached as Exhibit
A. This list includes all the contractors that responded to the original bid, other than Tip
Top Enterprises, Inc., plus two additional ones. The contractor submitting the lowest price
will receive award.
Projected Timeline
Bidding Process
Execute Contract
NTP / Mobilization
Total calendar days
Estimated starting date
Competitive Bid
Informal Bid
45 calendar days
14 calendar days
14 calendar days
73 calendar days
7 calendar days
14 calendar days
14 calendar days
35 calendar days
June 2, 2003
April 23, 2003
CONCLUSION:
The City Administration recommends that the Mayor and City Commission of the City of
Miami Beach, Florida, approve, by 5/7ths vote, a waiver of competitive bidding pursuant to
Chapter 2, Article VI, Division 3, Section 2-367 (E) of the City of Miami Beach Code, finding
such Waiver to be in the best interest of the City due to the pending planting schedule.
The window to plant these trees this year will probably not be achieved if this action is not
taken. The resulting process proposed by the Administration does provide for competition
amongst the selected contractors that have shown a previous interest.
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