546-2007 RDA Reso
546-2007
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), WAIVING, BY 5/7THS VOTE,
THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY AND THE RDA,
AND AUTHORIZING THE EXECUTIVE DIRECTOR, THROUGH HIS
DESIGNEE, WHO SHALL BE THE CITY'S PROPERTY MANAGEMENT
DIRECTOR, A LICENSED GENERAL CONTRACTOR, TO SELECT,
NEGOTIATE, AND AWARD CONTRACTS AS REQUIRED, FOR THE
PURCHASE OF ALL NECESSARY GOODS AND CONSTRUCTION
SERVICES IN CONNECTION WITH THE INSTALLATION OF IMPACT
RESISTANT GLAZING AT THE ANCHOR SHOPS AND PARKING GARAGE,
LOCATED AT 100 16TH STREET, MIAMI BEACH, FLORIDA, ("THE
PROJECT"); PROVIDED FURTHER THAT THE ESTIMATED TOTAL COST
OF THE PROJECT SHALL NOT EXCEED THE BUDGETED AMOUNT OF
$507,200, WITHOUT FURTHER AUTHORIZATION OF THE CHAIRMAN
AND MEMBERS OF THE RDA; 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 EXECUTIVE DIRECTOR AND THE
SECRETARY TO EXECUTE ANY AND ALL AGREEMENTS RELATIVE TO
THE AFORESTATED PROJECT; AND FURTHER APPROPRIATING AN
ADDITIONAL $72,200 FOR THE PROJECT FROM THE FY 2006/07
RESERVE FOR REPLACEMENT ACCOUNT FROM THE OPERATIONS OF
THE ANCHOR SHOPS AND PARKING GARAGE.
WHEREAS, at the time the Anchor Shops and Parking Garage (the "Anchor") was
built, the retail spaces and the glass elevator lobbies were configured with a hurricane
shutter system, which is not only labor intensive to install, but often precludes installation
in a timely manner prior to storms; and
WHEREAS, as part of the adopted Fiscal year (FY) 2006/07 Capital Budget, a total
of $435,000 was appropriated to replace the hurricane shutter system with impact
resistant glazing; and
WHEREAS, it is the Administration's intent to secure the construction work relative
to the installation of impact resistant glazing (the "Project") utilizing the City's Property
Management Director, who is a licensed general contractor, and his staff; and
WHEREAS, additionally, the RDA, utilizing Property Management as a general
contractor, may require the need for the acquisition of goods and construction services
which may exceed the $25,000 threshold within the Executive Director'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 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 afore stated Project; and
WHEREAS, in order to diligently prosecute the required work to timely complete the
Project, the Administration would recommend that the Chairman and Members of the RDA
waive, by 5/7ths vote, the formal competitive bidding requirements, finding such waiver to
be in the City and the RDA's best interest, and thereby enabling the Administration,
through its Property Management Director acting as general contractor, to procure the
required goods and construction services to complete the aforestated Project, on an
expedited basis; provided further that the total cost of such repairs shall not exceed the
estimated total budgeted cost of $507,200, without the further authorization of the
Chairman and Members of the RDA; and
WHEREAS, notwithstanding the Chairman and Members' waiver of the competitive
bidding requirement, the Property Management Director, utilizing the resources of the
City's 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 RDA the highest quality of goods and services at the least expense
to the RDA, and endeavor to obtain as full and open competition, within that expedited
framework, as possible; and
WHEREAS, the Administration would recommend that the Chairman and Members
of the RDA further appropriate an additional $72,200 for the Project from the FY 2006/07
Reserve for Replacement Account from the operations of the Anchor, to cover the
anticipated range in bid prices, as well as to ensure adequate funding to cover Project
management costs and contingency.
NOW, THEREFORE, BE IT RESOLVED BYTHE CHAIRMAN AND MEMBERS
OF THE MIAMI BEACH REDEVELOPMENT AGENCY, AS FOLLOWS:
1. The Chairman and Members of the RDA hereby waive, by 5/7ths vote, the
formal competitive bidding requirements, finding such waiver to be in the best
interest of the RDA and the City, relative to the installation of impact resistant
glazing at the Anchor Shops and Parking Garage, located at 100 16th Street,
Miami Beach, Florida.
2. The Executive Director, 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 RDA. 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 Executive Director and Secretary, and shall be ratified
by the Chairman and Members of the RDA 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 $507,200, as set forth in this Resolution,
without further approval of the Chairman and Members of the RDA.
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 RDA is obtained, and
endeavor to obtain as full and open competition, as in said process, as possible.
7. The Chairman and Members shall further appropriate an additional $72,200 for
the Project, from the FY 2006/07 Reserve for Replacement Account from the
operations of the Anchor, to cover the anticipated range in bid prices, as well
as to ensure adequate funding to cover Project management costs and
contingency.
PASSED AND ADOPTED THIS 11 th day of
April
,2007.
Ut@ y f{U~
SECRETARY
Attest:
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REDEVELOPMENT AGENCY 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 installation
of impact resistant glazing at the Anchor Shops and Parking Garage; and further appropriating $72,200 for the
Project from the FY 2006/07 Reserve_for-Replacement Account from the operations of the Project.
Ke Intended Outcome Su orted:
Well Maintained Facilities
Issue:
Shall the RDA 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 installation of impact
resistant lazin at the Anchor Sho s and Parkin Gara e?
Item Summary/Recommendation:
At the time the Anchor Shops and Parking Garage was built, the retail bays and the glass elevator lobbies were
configured with a hurricane shutter system, which is not only labor intensive to install, but often precludes installation
in a timely manner prior to storms.
In order to expedite the installation of the impact glass, the Administration recommends that the RDA Board adopt
the Resolution, waiving competitive bidding requirements and authorizing 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 the installation of impact
resistant glazing at the Anchor Shops and Parking Garage; and further appropriating $72,200 to fund the estimated
additional cost required to undertake the Project from the FY 2006/07 Reserve-for-Replacement Account from the
operations of the Anchor.
The Administration recommends approval of the Resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $72,200 FY 2006/07 Anchor Shops &
Parking Garage Reserve - for-
Replacement Account.
lliJ 2
3
4
OSPI Total $72,200
Financial Impact Summary: As part of the adopted FY 2006/07 Capital Budget, a total of $435,000 was
appropriated to replace the shutters with impact resistant windows. Based on more recent estimates obtained by
the City's Property Management Division, it is estimated that an additional $72,200 is required to cover the
anticipated range in bid prices, as well as to ensure adequate funding for program management costs and
contingency.
Ci Clerk's Office Le islative Trackin :
Kent O. Bonde, Redevelopment Coordinator; Brad A. Judd, Property Management Director
Si n-Offs:
Redevelopment
oordinator
Executive Director
lD
....
MIAMIBEACH
AGENDA ITEM
DATE
9. A-
'(- C/ -07
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
MIAMI BEACH REDEVELOPMENT AGENCY MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Chairman and Members of the Miami Beach Redevelopment Agency
Jorge M. Gonzalez, Executive Director ~~.
April 11, 2007 U
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY (RDA), WAIVING, BY 5/7THS VOTE, THE
FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER
TO BE IN THE BEST INTEREST OF THE CITY AND THE RDA, AND
AUTHORIZING THE EXECUTIVE DIRECTOR, THROUGH HIS DESIGNEE,
WHO SHALL BE THE CITY'S PROPERTY MANAGEMENT DIRECTOR, A
LICENSED GENERAL CONTRACTOR, TO SELECT, NEGOTIATE, AND
AWARD CONTRACTS AS REQUIRED, FOR THE PURCHASE OF ALL
NECESSARY GOODS AND CONSTRUCTION SERVICES IN CONNECTION
WITH THE INSTALLATION OF IMPACT RESISTANT GLAZING AT THE
ANCHOR SHOPS AND PARKING GARAGE, LOCATED AT 100 16TH STREET,
MIAMI BEACH, FLORIDA, ("THE PROJECT"); PROVIDED FURTHER THAT
THE ESTIMATED TOTAL COST OF THE PROJECT SHALL NOT EXCEED THE
BUDGETED AMOUNT OF $507,200, WITHOUT FURTHER AUTHORIZATION
OF THE CHAIRMAN AND MEMBERS OF THE RDA; 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 EXECUTIVE DIRECTOR AND THE
SECRETARY TO EXECUTE ANY AND ALL AGREEMENTS RELATIVE TO THE
AFORESTATED PROJECT; AND FURTHER APPROPRIATING AN
ADDITIONAL $72,200 FOR THE PROJECT FROM THE FY 2006/07 RESERVE-
FOR-REPLACEMENT ACCOUNT FROM THE OPERATIONS OF THE ANCHOR
SHOPS AND PARKING GARAGE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAL YSIS
At the time the Anchor Shops and Parking Garage was built, the retail bays and the glass
elevator lobbies were configured with a hurricane shutter system, which is not only labor
intensive to install, but often precludes installation in a timely manner prior to storms. Due
to the weight of panels and the distance they have to be carried from the storage bay in
the garage, the tenants are not physically able in install the shutters themselves, and, in
the case of the elevator lobbies, a scissor lift or bucket truck is actually required for the
job. During situations in which shutters had to be installed, Miami Beach Community
Miami Beach Redevelopment Agency Memorandum
Anchor Shops - Replacement of Hurricane Shutters with Impact Glass
Apri/11, 2007
Page 2 of 3
Development Corporation (MBCDC and/or Property Manager), has been fortunate
enough to locate an outside firm that so far has been able to secure the building prior to
storm landfall. It should also be noted that during Hurricane Wilma, the shutters along
the 16th Street fayade were actually pulled free from the building. Upon subsequent
inspection of the damage, it became apparent that the anchoring points for the lock-down
screws were only drilled into the stucco and not into the concrete block. While the
damage has since been repaired, it remains evident that the shutters need to be replaced
with impact glass. Aside from sparing the Property Manager and/or the City from having
to worry about securing the building during future storms, the installation of impact glass
will also go towards preventing smash-and-grab type break-ins, which has been an issue
and a major source of concern for the tenants fronting on 16th Street. Another issue of
concern, particularly with the installation of new impact glass, has to do graffiti vandals
using acid etching paint to permanently damage storefronts. Luckily, this issue can also
be addressed with special window surface protection film, which is not only impervious
to etching paint, but provides additional impact protection as well.
Initially, as part of the adopted FY 2006/07 Capital Budget, a total of $435,000 was
appropriated for this Project. Based on more recent estimates obtained by the City's
Property Management Division, it is estimated that an additional $72,200 is required to
cover the anticipated range in bid prices, as well as to ensure adequate funding to cover
Project management costs and contingency. Any unspent funds from the appropriation
shall be reallocated back to the Anchor's Reserve for Replacement Account.
In order to expedite the installation of the impact glass, the Administration recommends
waiving the formal competitive bidding process and authorizing the Executive Director,
through the City's Property Management Director, a licensed General Contractor, to select,
negotiate and award a contract to undertake this 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. (Emphasis added)
Inasmuch as the City's Property Management Director has been approved as the General
Contractor for these types of City/RDA 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 and the RDA:
· Cost Reduction of Project Materials - By utilizing in-house General Contractor services,
the City will have the ability to purchase the majority of building materials needed for the
Miami Beach Redevelopment Agency Memorandum
Anchor Shops - Replacement of Hurricane Shutters with Impact Glass
Apri/11, 2007
Page 3 of 3
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 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 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
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:
The Administration recommends adopting the attached Resolution which waives the
competitive bidding requirements, finding such waiver to be in the best interest of the City
and the RDA, and authorizing the Executive Director's designee, who shall be the Property
Management Director, a Licensed General Contractor, to select, negotiate, and award
contracts as required for the purchase of all necessary goods and services in connection
with the installation of impact resistant glazing at the Anchor Shops and Parking Garage,
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 Chairman and Secretary to execute any and all
agreements relative to the aforestated project; and further appropriating an additional
$72,200 for the project from the FY 2006/07 Reserve-for-Replacement account from the
operations of the Anchor Shops and Parking Garage.
JMG:TH:BAJ:KOB
T\AGENDA\2007\April111RDAIRatify GC approval Anchor Garage MEMO.doc