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HomeMy WebLinkAbout2006-26099 Reso RESOLUTION NO. 2006-26099 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING,PURSUANT TO SECTION 255.20 (1) (c) (9), FLORIDA STATUTES, AND FOllOWING A DULY NOTICED PUBLIC HEARING THAT IT IS IN THE PUBLIC'S BEST INTEREST TO WAIVE, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER, THROUGH HIS DESIGNEE, WHO SHAll BE THE CITY'S PROPERTY MANAGEMENT DIRECTOR, A liCENSED GENERAL CONTRACTOR, TO SELECT, NEGOTIATE, AND AWARD All CONTRACTS, AGREEMENTS, PURCHASE ORDERS, AND CHANGE ORDERS FOR THE PURCHASE OF All NECESSARY GOODS AND SERVICES RELATIVE TO RENOVATION/RELOCATION PROJECTS IN THE 777-17TH STREET . BUilDING AND THE CITY HAll BUilDING, SAID PROJECTS HAVING A TOTAL ESTIMATED VALUE OF $646,000; PROVIDING THAT All DOCUMENTS BE REVIEWED BY THE APPROPRIATE MEMBERS OF THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE, AND SHALL CONTAIN THOSE MINIMUM TERMS AND CONDITIONS AS SET FORTH IN THIS RESOLUTION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND All AGREEMENTS RELATIVE TO THE AFORESTATED PROJECTS. WHEREAS, the space and configuration needs of internal City departments change due to additional staff requirements or operational needs that come with the adoption of the Fiscal Year 05/06 City Budget and there may be a need to renovate or relocate certain departments in space within the City Hall Building and the 777 -17th Street Building, to meet these personnel and operation needs; and WHEREAS, the Administration has determined that due to the existing condition and requirements of the aforestated vital projects, the projects have a need to be completed in an expeditious manner; and WHEREAS, it is the Administration's intent to secure the construction work relative to the projects utilizing the City's Property Management Director, who is a licensed general contractor and his staff; and WHEREAS, additionally, the Administration, through the Property Management Director, acting as General Contractor above, may require the need for the acquisition of goods and services which may exceed the $25,000 threshold correctly within the City Manager's discretion; and WHEREAS, as a result of the time needed to complete the formal bid processes (Le. 90-120 days), each time that the Property Management Director has a need to augment his existing resources for goods and services in excess of $25,000, the projects will be placed on hold or delayed significantly; and WHEREAS, pursuant to Section 255.20 (1) (c) (9), a governing body may, following a duly noticed public hearing, find that it is in the public's best interest to perform a public construction project using its own services, employees, and equipment; and WHEREAS, a public hearing was duly noticed and held on January 11, 2006; and WHEREAS, the Property Management Director, as the general contractor, will be taking on the responsibility of the completion of the aforestated vital projects; and WHEREAS, in order to diligently prosecute the required work to timely complete the projects, the Administration would recommend that the Mayor and City Commission waive, by Snths vote, the formal competitive bidding requirements, relative to enabling the Administration, through its Property Management Director acting as General Contractor, to procure the required goods and services to complete the projects, 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, additionally, the Administration would recommend that the Mayor and City Commission waive formal competitive bidding subject to the terms and conditions set forth below. 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 hereby waive, by Snths vote, the formal competitive bidding requirements, finding such waiver to be in the best interest of the City, relative to the City's (through its Property Management Director serving as the General Contractor) completion of the work on renovation/relocation projects in the 777 _17th Street Building and the City Hall Building. 2. The City Manager, through his designee, who shall be the City's Property Management Director, is authorized to select, negotiate, and award all contracts, , . agreements, purchase orders, and change orders for the purchase of all necessary goods and services relative to the projects. 3. All 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 I and endeavor to obtain as full and open competition, as in said process, as possible. PASSED AND ADOPTED THIS 11 th day of , 2006. Attest: llliJ rwk CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~ 1"~"t9S' tv .,~ DlIIII COMMISSION ITEM SUMMARY Condensed Title: A Resolution waiving formal competitive bidding requirements and authorizing the Property Management Director to award all contracts and change orders relative to Renovation/Relocation ro.ects in the 777-1ih Street Buildin and the Cit Hall Buildin . Ke Intended Outcome Su orted: Ensure well maintained facilities Issue: Shall the City waive competitive bidding requirements and authorize the Property Management Director to award all contracts and change orders relative to Renovation/Relocation projects in the 777-1ih Street Buildin and the Cit Hall Buildin ? Item Summary/Recommendation: The City Facility Space Utilization Strategy is to consolidate as many of the City Administration functions within the City Hall Complex area (City Hall Building, 777 Building and the future Multi- Purpose Municipal Parking Facility). In order to execute this strategy, several time sensitive renovation/relocation projects in the 777 Building and City Hall Building will have to be accomplished within the next year. Current projects already defined are the renovation of a portion of the 3rd floor of City Hall and the 5th and 3rd floors of the 777 Building. The waiver of competitive bidding requirements and authorizing the Property Management Director to serve as the General Contractor of Record is in the best interest of the City because: · Cost reduction of project material by direct purchase · No General Contractor or subcontractor's overhead and profit · Project scheduling flexibility · Proven record of performance, time and budget The estimated total cost for currently programmed renovation/relocation projects is $646,000. Any contracts awarded in excess of $25,000 by the Property Management Director will be brought to the City Commission for ratification. The Administration recommends approval of the Resolution. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: D OBPI Financial Impact Summary: Cit Clerk's Office Le islative Trackin Brad A. Judd; Property Management Director tD ..., MIAMI BEACH AGENDA ITEM f).7 A DATE~ It\ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ ......-'()~ January 11 , 2006 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING, PURSUANT TO SECTION 255.20 (1) (c) (9), FLORIDA STATUTES, AND FOLLOWING A DULY NOTICED PUBLIC HEARING THAT IT IS IN THE PUBLIC'S BEST INTEREST TO WAIVE, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER, THROUGH HIS DESIGNEE, WHO SHALL BE THE CITY'S PROPERTY MANAGEMENT DIRECTOR, A LICENSED GENERAL CONTRACTOR, TO SELECT, NEGOTIATE, AND AWARD ALL CONTRACTS, AGREEMENTS, PURCHASE ORDERS, AND CHANGE ORDERS FOR THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES RELATIVE TO RENOVATION/RELOCATION PROJECTS IN THE 777-17TH STREET BUILDING AND THE CITY HALL BUILDING; SAID PROJECTS HAVING AN ESTIMATED TOTAL VALUE OF $646,000; PROVIDING THAT ALL DOCUMENTS BE REVIEWED BY THE APPROPRIATE MEMBERS OF THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE, AND SHALL CONTAIN THOSE MINIMUM TERMS AND CONDITIONS AS SET FORTH IN THIS RESOLUTION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL YSIS The City Facility Space Utilization Strategy is to consolidate as many of the City Administration functions within the City Hall Complex area (City Hall Building, 777 Building and the future Multi-Purpose Municipal Parking Facility). In order to execute this strategy, several time sensitive renovation/relocation projects in the 777 Building and City Hall Building will have to be accomplished within the next year. Current projects already defined are: · Renovation of a portion of the 3rd floor of City Hall to house Tourism and Cultural Development Department, Economic Development Department, and the Office of Budget and Performance Improvement. Total estimated cost of $323,000 has been funded through existing operating budgets. · Renovations to the 5th floor of the 777 Building to house the Communications Department and including IT upgrades to the building. Total estimated cost of $63,000 has been funded through existing operating budgets. · Renovations to the 3rd floor of the 777 Building to house the Capital Improvement Projects Department. Total estimated cost of $260,000 has been budgeted in the Department's operating budget. The City's space usage strategy is meant to maximize the use of available space within City owned buildings and facilities. With the renovations of spaces in the 777 Building and the City Hall Building, this will provide more efficient use of available space and will enhance the ability of departments assigned to those spaces to operate. The work specified consists of all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the planning, design, and construction work on renovationlrelocation projects in the 777 -17th Street Building and the City Hall Building. The work under this Project includes, but is not limited to: programming of space needs, development of required construction documents, demolition and re-construction of interior partitions, electrical lighting and receptacles, plumbing requirements, HV AC requirements, and all other work that is required to successfully complete renovation/ relocation projects in the two Buildings. Section 2-366 of the City Code, entitled Contract Procedures, 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. 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 (Le. 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 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. The following are reasons why the waiver of competitive bidding is in the best interest of the City: · Cost Reduction of Proiect 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. · Savinas of General Contractor and Subcontractor's Overhead and Profit. In outsourced projects, general contractors add a typical range of 15-200/0 on top of project cost for 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 could 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. . · Proiect Schedulina to Accommodate Special 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 contracting would provide flexibility of schedules to work with unforeseen circumstances including special needs, 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 Terminal Island, the design and renovations of the Byron Carlyle Theater, The Lincoln Road Lighting and Fountain Enhancement project, the Pinetree Park GO Bond project, the Fire Station #2 Maintenance Facility GO Bond project, the renovation of the VCA and 555 Buildings, ADA compliance projects Citywide, the Richmond section of the Beachwalk Project, the FY 04/05 Capital Renewal and Replacement Projects, and multiple major renovations to the City Hall, 21 Street Community Center, 6TH Street Community Center, and the Historic City Hall Buildings. Each of these projects was completed on or below the estimated budget for the projects. CONCLUSION The Administration recommends 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 all necessary goods and services (construction and professional) relative to renovation/ relocation projects in the 777 -17th Street Building and the City Hall Building, providing that all 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 all agreements relative to the aforestated projects. JMG/BM/FHB/BAJ T:\AGENDA\2006~an1106\Regular\Ratjfy GC approval City Hall & 777 Building MEMO-REVISED.doc I u.., tD .... MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING . , Lon' 0' ~IINOTICE IS HEREBY given that pursuant to Section 255.20(1)(A)(9), Florida Statutes, a public hearing' ~ I' will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd floor, ffi 1 City Hall; 1700 Convention Center Drive, Miami Beach, Rorida, on Wednesday, January 11, 2006 at ~; 18:38a.m.,toCOnsider whether it is in the public's best interest to undertake construction services, ..> . ~ I relative to. the ,renovationlrekJCation projects in the City owned building at 777 -17th Street and tlJe City ~.J HalLblJildiRgj.'saktProj8Ctshaving anesttmated cost of $655,000, using the City's Property ,>).,,.;1 Management.Oi~, a .licensedGeneral ~ctor, as the Gene@l Contractor for the Project and who, .1 _.the City Manager's Designee, shall select, negotiate, and award all contracts, agreements, purchase ij~rs, and.change .Orders fort,he purchase of all necessary goods and services relative to said Project. ~J '<>/> ........ ii........... . . ., -i_.~.may. be directed to the Public Works at (305) 673-708(). II INTERESTED PARTIES are. invited to appear at this meeting, or be represented by an agent, or to express their views in writing. addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Aoor, City Hall, Miami Beach, Florida 33139.. This meeting may be opened' and ~ntinued and, under such circumstances additionalleg81 notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Puf'SU8l1t to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a perSon decides to appeal any decision. madp by the City Commission with respect to any matter considered at its meeting or its hearing, such. person. must en~re.thata verbatim record of the prOCeedings is made, which record includes the testimony and evidence upon.which the appeal is to be.based. This notice does not constitute consent ~y the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. . . To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodatiooto review any document or participate in any city- sponsored proceeding,. please tontact(305). 604-2489 (voice), (305) 673"-7218(TTY) five days in advance to initiate your requ~ TTV users may also catl711 (Rorida Relay Service)~ (Ad #351)