HomeMy WebLinkAbout2006-26306 Reso
RESOLUTION NO. 2006-26306
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 20TH STREET END CONNECTOR TO THE
BEACHWALK PROJECT; 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.
WHEREAS, in order to complete the 20th Street End connector to the
City's Beachwalk Project (a Project) in an expedited manner, and in lieu of the
City's Property Management Director's successful completion of the section of
the Beachwalk Project behind the Richmond Hotel property, the Administration
would recommend that the Mayor and City Commission waive the formal
competitive bid requirements in order to allow the Property Management
Director to serve as the general contractor of record for the Project; and
WHEREAS, the work specified consists of all labor, machinery, tools,
means of transportation, supplies, equipment, materials, and services
necessary for the construction work required for the completion of the Project;
and
WHEREAS, it is the Administration's intent to secure the construction
work relative to the Project utilizing the City's Property Management Director,
who is a licensed general contractor; and
WHEREAS, additionally, the Administration, through the Property
Management Director, acting as general contractor, may require the need for
the acquisition of goods and construction 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
process (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 Project 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 Project; and
WHEREAS, in order to diligently prosecute the required work to timely
complete the Project, 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 enabling
the Administration, through 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, this process would still endeavor to procure for the
City the highest quality of goods and services at the least expense to the City,
and 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 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 the construction of the 20th Street End Connector
to the Beachwalk Project.
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. 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.
,2006.
PASSED AND ADOPTED THIS 6th
Attest:
~( ~M~
CITY CLERK
Robert Parcher
David Dermer
APPROVED AS TO
FORM & LANGUAGE
~UTlON
a~
I y orney~ Date
Condensed Title:
A Resolution waiving formal competitive bidding requirements and authorizing the Property
Management Director to serve as General Contractor of Record and award all contracts and change
orders relative to the 20th Street End Beachwalk Connector Project.
Ke Intended Outcome Su orted:
Maintain or Improve Traffic Flow.
Issue:
Shall the City waive competitive bidding requirements and authorize the Property Management
Director to award all contracts and change orders relative to the 20th Street End Beachwalk Connector
Project?
Item Summary/Recommendation:
The 20" Street end connector to the Beachwalk is funded through the Redevelopment Agency at a cost of
approximately $130,000. The project consists of the installation of a new 207 foot paver system walkway
that will connect the existing Beachwalk to the 20th Street end. Other project elements include enhanced
landscaping, irrigation and lighting. In order to complete the 20th Street end connector to the Beachwalk
In order to complete the Project in an expeditious manner, the Administration recommends the waiver of
formal bid requirements and allowing the Property Management Director to serve as the General
Contractor of Record for the Project.
The Property Management Director has successfully completed a similar project on the Beachwalk behind
the Richmond Hotel which had stopped the project through legal action.
In order to complete the 20th Street end connector to the Beachwalk in an expeditious manner, 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 construction of the 20th Street end connector to the Beachwalk Project.
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 approving the Resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Arnount Account Approved
Funds: 1 130,000 365-2148-064357
D 2
3
4
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin :
Brad A. Judd; Property Management Director
Si n-Offs:
DepartmentDir tor
anager
er
m
......
MIAMIBEACH
AGENDA ITEM ~
DATE 9-{,-(lc"
&
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager~ ~~~
DATE: September 6,2006
SUBJECT: 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 20TH STREET END CONNECTOR TO
THE BEACHWALK PROJECT; 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.
ANAL YSIS
The 20th Street end connector to the Beachwalk is funded through the
Redevelopment Agency at a cost of approximately $130,000. The project consists
of the installation of a new 207 foot paver system walkway that will connect the
existing Beachwalk to the 20th Street end. Other project elements include
enhanced landscaping, irrigation and lighting. In order to complete the 20th Street
end connector to the Beachwalk.
In order to complete the Project in an expeditious manner, the Administration
recommends the waiver of formal bid requirements and allowing the Property
Management Director to serve as the General Contractor of Record for the
Project.
The Property Management Director has successfully completed a similar project
on the Beachwalk behind the Richmond Hotel which had stopped the project
through legal action.
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.
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 Director has been approved as the
General Contractor for the 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 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
construction of the 20th Street end connector to the Beachwalk Project; 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/RCM/FHB/RTH/BAJ
T:\AGENDA\2006\sep0606\Regular\Ratify GC approval 20th Street Connector MEMO.doc
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