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HomeMy WebLinkAbout2006-26225 Reso RESOLUTION NO. 2006-26225 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 THE MAIN FRESH WATER SUPPLY LINE AND BACKFLOW PREVENTION SYSTEM OF THE IRRIGATION SYSTEM AT THE MIAMI BEACH GOLF COURSE, WHICH PROJECT SHALL HAVE A TOTAL CONSTRUCTION COST NOT TO EXCEED $95,000; 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 PROJECT. WHEREAS, there is an urgent need to replace the existing fresh water supply lines and backflow prevention system at the Miami Beach Golf Course, due to the repeated failure of the existing and newly installed backflow preventors at the Golf Course which in turn, have caused the lack of adequate fresh water supply to the irrigation pumps; and WHEREAS, in order to avoid further major water loss, drainage to the irrigation pump system, and damage to the landscaping and grass of the Golf Course, the Administration would recommend the Mayor and City Commission waive the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorize the City Manager through, the Property Management Director, who is a licensed general contractor, to undertake the work required, whether through the use of employees in the City's Property Management Department or through the selection of outside contractors, as required, to complete the project on an expedited bases; and WHEREAS, the work specified consists of all labor, machinery, tools, means of transportation, supplies, equipment and materials required for the construction of the project, and is not anticipated to exceed the total construction cost of $95,000; and WHEREAS, the Property Management Director, as the general contractor, will be taking on the responsibility of the completion of the aforestated vital project; and WHEREAS, notwithstanding the Mayor and City Commission's waiver of the competitive bidding requirement, the Property Management Director, utilizing the resources of the Procurement Division, shall use best efforts to institute an "expedited" bidding process to ensure the integrity of the process and, while not formal competitive bidding, this process would endeavor to procure the highest quality of goods and construction services at the least expense to the City; and WHEREAS, 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 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 of work relative to that certain construction project including, without limitation, the replacement of the main fresh water supply line and backflow prevention system of the irrigation system at the Miami Beach Golf Course; said project having an estimated construction cost not to exceed $95,000. 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 construction services relative to the aforestated project. 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 total appropriated amount for the project, in the amount of $95,000, as 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, in said process, as possible. PASSED AND ADOPTED THIS 7th day of ,2006. Attest: ~! Pat~ CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~ 61710(, tr ~D8 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 the replacement of the main fresh water supply line and backflow prevention system of the irrigation system at the Miami Beach Golf Course. Ke Intended Outcome Su orted: Well Maintained Facilities Issue: Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: There is an urgent need to replace the existing fresh water supply lines and backflow prevention system, due to the repeated failure of the existing and newly installed backflow preventors at the Miami Beach Golf Course which in turn, have caused the lack of adequate fresh water supply to the irrigation pumps. Emergency contracting through the Property Management Director is the best method to avoid further major water loss, damage to the irrigation pump system, and/or damage to the landscaping and grasses of the Golf Course. In order to expedite the completion of this time-sensitive project at the Miami Beach Golf Course, 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 the replacement of the main fresh water supply line and backflow prevention system of the irrigation system at the Miami Beach Golf Course. The estimated total cost for this project is $95,000. 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 aooroval of the Resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: MB Golf Course Account #011.0970.000676 D OBPI Financial Impact Summary: Ci Clerk's Office Le islative Trackin Brad A. Judd; Property Management Director m ..... MI.AMIBEACH AGENDA ITEM DATE C7U ~-7-ot<, ~ MIAMI BEACH City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and Members of t.he Ci~ c%n Jorge M. Gonzalez, City Manager }.r--o June 7, 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 THE MAIN FRESH WATER SUPPLY LINE AND BACKFLOW PREVENTION SYSTEM OF THE IRRIGATION SYSTEM AT THE MIAMI BEACH GOLF COURSE; 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 PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funds in the amount of $95,000 are available from the Miami Beach Golf Course account 011.0970.000676. ANAL YSIS There is an urgent need to replace the existing fresh water supply lines and backflow prevention system, due to the repeated failure of the existing and newly installed backflow preventors at the Miami Beach Golf Course which in turn, have caused the lack of adequate fresh water supply to the irrigation pumps. Emergency contracting through the Property Management Director is the best method to avoid further major water loss, damage to the irrigation pump system, and/or damage to the landscaping and grasses of the Golf Course. T:\AGENDA\2006~un0706\consent\MB Golf Course MEMO.doc 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 project. The estimated total cost for this project is $95,000. 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. (emphasis added) Inasmuch as the City's Property Management Director has 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 (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. 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 the replacement of the main fresh water supply line and backflow prevention system of the irrigation system at the Miami Beach Golf Course; 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 project. JMG:BCM:FHB:BAJ T:\AGENDA\2006\jun0706\consent\MB Golf Course MEMO.doc