HomeMy WebLinkAbout2006-26149 ResoRESOLUTION NO. 2006-26].49
,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, WAIVING, 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
CONSTRUCTION SERVICES RELATIVE TO THE ONGOING REPAIR AND
MAINTENANCE INCLUDING, WITHOUT LIMITATIONS, THE
REPLACEMENT OF AIR CONDITIONING SYSTEMS, ROOF
REPLACEMENT, AND PRESSURE CLEANING, WATERPROOFING, AND
PAINTING REQUIREMENTS OF THE MIAMI CITY BALLET BUILDING, A
CITY OWNED FACILITY LOCATED AT 2200 LIBERTY AVENUE, MIAMI
BEACH, FLORIDA; PROVIDING THAT ALL DOCUMENTS BE REVIEWED
BY THE APPROPRIATE MEMBERS OF THE ADMINISTRATION AND CITY
ATTORNEY'S OFFICE, AND WHICH SHALL CONTAIN THOSE MINIMUM
TERMS AND CONDITIONS AS SET FORTH IN THIS RESOLUTION; AND
FURTHER AUTHORIZING THE CITY MANAGER AND/OR THE MAYOR
AND CITY CLERK TO EXECUTE ANY AND ALL AGREEMENTS
RELATIVE TO THE AFORESTATED REPAIR AND MAINTENANCE
PROJECTS; PROVIDED FURTHER, THAT THE TOTAL AMOUNT OF THE
AFORESTATED REPAIR AND MAINTENANCE PROJECTS SHALL NOT
EXCEED $740,000 WITHOUT THE PRIOR APPROVAL OF THE CITY
COMMISSION.
WHEREAS, at its February 8, 2006 meeting, the Mayor and City Commission
adopted Resolution No. 2006-26125, that approved the purchase of the Miami City Ballet
building, located at 2200 Liberty Avenue, Miami Beach, Florida (the Building); and
WHEREAS, the Resolution provided for the City to fund approximately $740,000 for
imminent major capital repair and replacement needs of the Building, which consist of: roof
replacement ($500,000); the replacement of five rooftop air conditioning units ($175,000);
and pressure-cleaning, waterproofing, and painting of the building exterior ($65,000); and
WHEREAS, the Administration has determined that due to the existing condition of
the Building and in order for the City to properly continue to maintain the Building, the
aforestated repair and maintenance projects need to be completed in an expeditious
manner; and
WHEREAS, it is the Administration's intent to secure the construction work relative
to said 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
(i.e. 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, the Property Management Director, as the general contractor, will be
taking on the responsibility of the completion of the aforestated vital repair and
maintenance 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 5/7ths vote, the formal competitive bidding requirements, finding such waiver to be in
the City's best interest and hereby 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:
.
The Mayor and City Commission hereby waive, by 5/7ths 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 work relative to the ongoing
repair and maintenance including, without limitation, the replacement of air
conditioning systems, roof replacement, and pressure cleaning, waterproofing,
and painting on the Miami City Ballet building, a City owned facility located at
2200 Liberty Avenue..
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 aforestated repair and
maintenance 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.
c)
d)
All fees and costs negotiated
should be competitive with fees and charges for similar work in the South
Florida area.
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.
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.
o
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 total appropriated amount of $740,000, as set forth in this Resolution,
without the prior approval of the Mayor and City Commission.
.
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
,
AtteSt: ~ ~
Ci'l~ CLERK
Robert Parcher
8th
day of Marc
.~ ? ,2006.
R
David Dermer
APPROVB3 ASTO
FORM & LANGUAGE
& FOP. EXECUTION
C~Attome~.~. Date
Condensed Title:
A Resolution waiving formal competitive bidding requirements and authorizing the Property
Management Director to award all contracts and change orders relative to air conditioning system
replacements, roof replacement, and pressure cleaning, waterproofing, and painting requirements at
the Miami City Ballet Building.
Key Intended Outcome Supported:
IWell 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 air conditioning system replacements,
roof replacement, and pressure cleaning, waterproofing, and painting requirements at the Miami City
Ballet Buildin~l?
Item Summary/Recommendation'
In order to expedite the completion of time-sensitive projects in the Miami City Ballet Building, the
Administration recommends that the Mayor and City Commission adopt the Resolution allowing the
Property Management Director to serve as the General Contractor of Record and further authorize the
Property Management Director 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 air conditioning system replacements, roof replacement, and pressure cleaning,
waterproofing, and painting requirements at the Miami City Ballet Building. The estimated total cost for
these projects is $740,000. Any contracts awarded in excess of $25,000 by the Property Management
Director will be brought to the City Commission for ratification.
The waiver of competitive bidding requirements is in the best interest of the City because: · Expedited completion of critical capital renewal and replacement work
· 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 Administration recommends approval of the Resolution.
Advisory Board Recommendation:
Financial Information:
2:
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
IBrad A. Judd; Property Management Director
n-Offs:
MiAMiBEACH
AGENDA ITEM 7.5
DATE
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager
March 8, 2006
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING, 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 CONSTRUCTION SERVICES RELATIVE
TO THE REPLACEMENT OF AIR CONDITIONING SYSTEMS, ROOF
REPLACEMENT, AND PRESSURE CLEANING, WATERPROOFING,
AND PAINTING REQUIREMENTS OF THE MIAMI CITY BALLET
BUILDING; PROVIDING THAT ALL DOCUMENTS BE REVIEWED BY
THE APPROPRIATE MEMBERS OF THE ADMINISTRATION AND
CITY ATTORNEY'S OFFICE, AND WHICH 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.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The work specified consists of all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and services necessary for the
design, specifications development, construction documents, permitting, and
construction work required for the completion of the projects.
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, OQO. O0, 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 Di'rector I~as been approved as the
General Contractor for these projects, 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, these
important projects 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:
· Expedited completion of critical capital renewal and replacement work.
The Miami City Ballet building has experienced repeated loss of air conditioning
and the five rooftop air conditioning units must be replaced as soon as possible to
prevent a potential catastrophic failure during the summer months. The roof
replacement and the painting and waterproofing of the building were identified by
the City's facilities condition assessment consultant as priority capital renewal and
replacement items. By using the City's in-house General Contractor services,
these projects can be accomplished much faster.
· Cost Reduction of Project Materials.
By utilizing in-house General Contractor services, the City will have the ability to
purchase the r~ajority 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 will 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, HVAC, 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.
· Project Scheduling 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 will 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, and
multiple major renovations to the City Hall, 21 Street Cbmmunity Center, and the
Historic City Hall Building. Each of these projects was completed on or below the
estimated budget for the projects.
CONCLUSION:
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 relative to air
conditioning system replacements, roof replacement, and pressure cleaning,
waterproofing, and painting requirements at the Miami City Ballet 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:BCM:FHB:BAJ
Commission ItemstMarch 8, 20061Ratify GC approval Miami City Ballet Building MEMO. doc