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HomeMy WebLinkAbout2006-26350 Reso RESOLUTION NO. 2006-26350 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 A CONTRACT OR CONTRACTS FOR THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES IN CONNECTION WITH THE PRESSURE CLEANING, SEALING AND PAINTING REQUIREMENTS OF THE MIAMI BEACH BOTANICAL GARDEN CENTER, LOCATED AT 2200 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA, ("THE PROJECT"), IN AN AMOUNT NOT TO EXCEED THE ESTIMATED PROJECT COST OF $27,000; 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; AUTHORIZING THE CITY MANAGER AND/OR THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL AGREEMENTS RELATIVE TO THE AFORESTATED PROJECTS; AND FURTHER APPROPRIATING $27,000 FOR THE PROJECT FROM AVAILABLE FISCAL YEAR (FY) 2004/05 CAPITAL RENEWAL AND REPLACEMENT PROJECTS CONTINGENCY. WHEREAS, pursuant to Section 9.2 of the current Management Agreement between the City and the Miami Beach Garden Conservancy, (the Conservancy), dated July 1, 2004, for the management and operation of the Miami Beach Botanical Garden Center, the City has sole responsibility for the maintenance and repair of all facilities, including buildings and utilities infrastructure on the premises; and WHEREAS, The Conservancy has advised the City that the Botanical Garden's Welcome Center is in severe need of sealing and re-painting; 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, 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, 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 thereby enabling the Administration, through its Property Management Director acting as general contractor, to procure the required goods and services to complete the aforestated maintenance and repair projects, on an expedited basis, provided further that the total cost of such repairs shall not exceed the estimated total budgeted cost of $27,000, without the further authorization of the City Commission; 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, the Administration would recommend that the Mayor and City Commission further appropriate the amount of $27,000 available from Fiscal Year (FY) 2004/05 Capital Renewal and Replacement Projects Contingency, to fund the aforestated maintenance and repairs; 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 pressure cleaning, sealing and painting requirements of the Miami Beach Botanical Garden Center, located at 2200 Convention Center Drive. 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. 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 (if applicable). 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 of $27,000, 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, as in said process, as possible. 7. The Mayor and City Commission shall further appropriate $27,000 for the Project from avajlable Fiscal Year (FY) 2004/05 Capital Renewal and Replacement Projects Contingency. PASSED AND ADOPTED THIS 11 th ,2006. Attest: rtkl p~ CITY CLERK Robert Parcher ---- David Dermer T:\Agenda\2006\Octll \Consent\Ratify GC Approval Botanical Garden RESO.Doc APPROVED AS TO FORM & LANGUAGE &~UTION ~ol;i' COMMISSION ITEM SUMMARY Condensed Title: A Resolution waiving formal competitive bidding requirements and authorizing the Property Management Director to award a contract agreement for the purchase of all necessary goods and services in connection with the pressure cleaning, sealing and painting requirements of the Miami Beach Botanical Garden Center; and further appropriating $27,000 for the Project from available Fiscal Year FY 2004/05 Ca ital Renewal and Re lacement Pro.ects Contin enc . Ke Intended Outcome Su orted: Well Maintained Facilities Issue: Shall the City waive competitive bidding requirements and authorize the Property Management Director to award a contract agreement for the purchase of all necessary goods and services in connection with the pressure cleaning, sealing and painting requirements of the Miami Beach Botanical Garden Center in an amount not to exceed $27,000? Item Summary/Recommendation: In order to expedite the completion of time-sensitive projects at the Miami Beach Botanical Garden Center, 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; to authorize the Property Management Director to award a contract agreement for the purchase of all necessary goods and services in connection with the pressure cleaning, sealing and painting requirements of the Miami Beach Botanical Garden Center; and further appropriating $27,000 to fund the Project from available Fiscal Year (FY) 2004/05 Capital Renewal and Replacement Projects Contingency. The waiver of competitive bidding requirements 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 Administration recommends approval of the Resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 $27,000 FY 2004/05 Capital Renewal [ID 2 and Replacement Contingency 3 4 OBPI Total $27,000 Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Kent O. Bonde, Redevelopment Coordinator; Brad A. Judd, Property Management Director Si n-Offs: Redevelopment oordinator in ,., MIAMI BEACH AGENDA ITEM DATe C7 C- IO-II-Oh e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochA.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ ~/ October 11, 2006 U TO: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITYCOMMISSION 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 A CONTRACT AGREEMENT FOR THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES IN CONNECTION WITH THE PRESSURE CLEANING, SEALING AND PAINTING REQUIREMENTS OF THE MIAMI BEACH BOTANICAL GARDEN CENTER, LOCATED AT 2200 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA, ("THE 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; AUTHORIZING THE CITY MANAGER AND/OR THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL AGREEMENTS RELATIVE TO THE AFORESTATED PROJECTS; AND FURTHER APPROPRIATING $27,000 FOR THE PROJECT FROM AVAILABLE FISCAL YEAR (FY) 2004/05 CAPITAL RENEWAL AND REPLACEMENT PROJECTS CONTINGENCY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Pursuant to Section 9.2 of the Management Agreement between the City of Miami Beach and the Miami Beach Garden Conservancy, dated July 1, 2004, for the management and operation of the Botanical Garden Center, the City has sole responsibility for the maintenance and repair of all facilities including buildings and utilities infrastructure on the premises. The Conservancy has advised the City that the Botanical Garden's Welcome Center is in severe need of sealing and re-painting and has requested if this could be done prior to Art Basel, which is hosting a number of events at the Botanical Garden. In order to comply with this request and expedite the process for engaging a contractor, the Administration recommends waiving the formal competitive bidding process and authorizing the City Manager, through the City's Property Management Director, a licensed General Contractor, to select, negotiate and award a contract to undertake the Project. City Commission Memorandum-Painting of Botanical Garden Center October 11, 2006 Page 2 of 3 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 types of City 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) ofthe 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 Project Materia/s - 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. · Savings of Genera/ 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 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, and multiple major City Commission Memorandum-Painting of Botanica/ Garden Center October 11, 2006 Page 3 of3 renovations to the City Hall, 21 Street Community Center, and the Historic City Hall Building. Each of these projects was completed on or below the estimated budget for the projects. Recommendation: 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 a contract agreement for the purchase of all necessary goods and services in connection with the pressure cleaning, sealing and painting requirements of the Miami Beach Botanical Garden Center; 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; authorizing the Mayor and City Clerk to execute any and all agreements relative to the aforestated projects; and further appropriating $27,000 for the Project from available Fiscal Year (FY) 2004/05 Capital Renewal and Replacement Projects Contii?;iency. JMG:TH:BAJ:K5f T:\AGENDA\2006\oct1106\consent\Ratify GC approval Botanical Garden MEMO.doc