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2007-26643 ResoRESOLUTION NO. 2007-26643 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 ASSISTANT PUBLIC WORKS DIRECTOR FOR OPERATIONS, A LICENSED GENERAL CONTRACTOR AND ROOFING CONTRACTOR, TO SELECT, NEGOTIATE, AND AWARD A CONTRACT OR CONTRACTS FOR THE PURCHASE OF ALL NECESSARY GOODS AND CONSTRUCTION SERVICES SERVICES IN CONNECTION WITH THE ROOF REPLACEMENT OF THE MIAMI BEACH POLICE HEADQUARTERS/ COMMUNITY ROOM, LOCATED AT 1100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA ("THE PROJECT"), IN AN AGGREGATE NOT TO EXCEED AMOUNT OF $60,000; PROVIDING THAT ALL DOCUMENTS SHALL 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 AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS RELATIVE TO THE AFORESTATED PROJECT. WHEREAS, at its July 11, 2007 meeting, the Mayor and City Commission adopted Resolution No. 2007-26592, which authorized the Assistant Public Works Director for Operations to serve as the licensed general contractor of record for the City of Miami Beach; and WHEREAS, it is the Administration's intent to secure the construction work relative to the aforestated Project (as defined in the title of this Resolution), utilizing the City's Assistant Public Works Director for Operations, general contractor; and WHEREAS, in order to effectively persecute the work on this Project, the Assistant Public Works Director for Operations 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, pursuant to Section 2-367(e) of the City Code the City Commission, upon written recommendation of the City Manager may by resolution adopt by a 5/7ths vote a waive of the competitive bidding requirement when the City Commission finds such waiver to be in the best interest of the City; and WHEREAS, in order to diligently prosecute the required work to timely complete the aforestated project, the Administration would recommend that the Mayor and City Commission waive, by 5/7ths vote, the formal competitive bidding requirements, relative to enabling the Administration, through its Assistant Public Works Director for Operations acting as General Contractor, to procure the required goods and construction services to complete the Project, on an expedited basis; and WHEREAS, notwithstanding the Mayor and City Commission's waiver of the competitive bidding requirement, the Assistant Public Works Director for Operations, utilizing the resources of the Procurement Division, shall institute an "expedited" bidding process to ensure the integrity of the process and, while not formal competitive bidding, said process 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, as reasonable possible within that expedited framework; and WHEREAS, additionally, the Administration would recommend that the Mayor and City Commission waive formal competitive bidding, subject further 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 herein 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 Assistant Public Works Director for Operations acting as general contractor) completion of the work on the: Miami Beach Police Headquarters/Community Room Roof Replacement; said Project estimated in the aggregate not to exceed amount of $60,000. 2. The City Manager, through his designee, who shall be the City's Assistant Public Works Director for Operations, 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 Project, within the estimated Project costs identified in item No. 1 above. 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 City Manager 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 estimated amount for the Project, as same is set forth in this Resolution, without the prior approval of the Mayor and City Commission. 6. Notwithstanding the waiver of competitive bidding herein, the Assistant Public Works Director for Operations, 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 17th day of ATTEST: ~ ~~., Robert Parcher CITY CLERK S ep t estb e r 2007. IVIH T V K T:WGENDA\2007\sep1707 budget\Regular\Ratify GC approval Police Partial Roof RESO.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION P 1(o Q°1 COMMISSION ITEM SUMMARY f_nnrlancpri TitlP~ A Resolution waiving formal competitive bidding requirements and authorizing the Assistant Public Works Director for Operations to select, negotiate, and award a contract for the partial replacement of the Miami Beach Police Headquarters/ Community Room roof. Key Intended Outcome Supported: Ensure Well-maintained Facilities Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2007 Community Satisfaction Survey Report, 81 % of residents related the appearance and maintenance of the City's public buildings as excellent or good. Issue: Shall the Mayor and City Commission approve the Resolution? Item Summ naation: In order to prevent further damage to the interior of the Police Headquarters Community Room and to keep this highly utilized public facility operational, it is considered to be in the best interest of the City to authorize the Assistant Public Works Director for Operations to award a contract agreement to select, negotiate, and award a contract for the partial replacement of the Miami Beach Police Headquarters/ Community Room roof. The waiver of competitive bidding requirements is in the best interest of the City because: • Expedited award of a time sensitive contract • Cost reduction of project material by direct purchase • No General Contractor or subcontractor's overhead and profit • Project scheduling flexibility The Administration recommends approval of the Resolution. Adviso Board Recommendation: N/A Financial Information: Source of Amount Account 'Approved Funds: ~, 2 '` 3 4 OBPI Total' Financial Impact Summary: Cit Clerk's Office Le islative Trackin Michael Alvarez, Assistant Public Works Director for Operations Si n-Offs: De artment it or Assistan t Maria er Ci .Maria er J i :wGtivu,vzoo7~sepno7 butlget~Regular\Ratify GC approval Police Partial Roof SUMM.doc m MIAMIBEACH v AGENDA ITEM ~7L ~~,~~ q'! ~- D m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager~~ (~ DATE: September 17, 2007 d 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 ASSISTANT PUBLIC WORKS DIRECTOR FOR OPERATIONS, A LICENSED STATE GENERAL CONTRACTOR AND ROOFING CONTRACTOR, TO SELECT, NEGOTIATE, AND AWARD A CONTRACT AGREEMENT FOR THE PURCHASE OF ALL NECESSARY GOODS AND SERVICES IN CONNECTION WITH THE ROOF REPLACEMENT OF THE MIAMI BEACH POLICE HEADQUARTERS/COMMUNITY ROOM, LOCATED AT 1100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, ("THE PROJECT"); 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; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS RELATIVE TO THE AFORESTATED PROJECT. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Police-Support Services Renovations Fund ANALYSIS: A roof leak was found during the replacement of the Miami Beach Police Headquarters- Community Room windows. The building roof has a waterproofing membrane coating applied directly to the structural deck with hardly any slope. Temporary patching compound is not an option as rain water will be moving from one low point to the next causing water to pond on top of the roof. The immediate solution is to create a higher runoff slope on the roof over the entire area using proper roofing materials to channel water towards the scuppers drains. City Commission Memorandum-Miami Beach Police Headquarters/Community Rm September 17, 2007 Page 2 of 2 In order to prevent further damage to the building interior and to eliminate water infiltration, the roof must be partially replaced as soon as possible. The police community room is a highly utilized public facility and therefore keeping it operational at all times is essential to the Police Department and others. In addition to the material damage to the buildings interior, water infiltration can cause mildew and mold. Therefore, it is in the best interest of the City to use the Assistant Public Works Director's General Contractor license to select, negotiate, and award a contract to a roofing contractor. The awarded contract will be brought back to the City Commission for ratification. 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 Assistant Public Works Director for Operations, a Licensed State General Contractor and Roofing Contractor, to select, negotiate, and award a contract for the purchase of all necessary goods and services in connection with the partial roof replacement of the Miami Beach Police Headquarters/ Community Room; providing that all documents be reviewed by the appropriate members of the Administration, City Attorney's Office, and shall contain minimum terms and conditions as set forth in this Resolution; authorizing the City Manager and City Clerk to execute any and all documents relative to the aforestated project. JMG/RM/FHB/MA/VA T:\AGENDA\2007\sep1707 budget\Regular\Ratify GC approval Police Partial Roof MEMO.doc