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HomeMy WebLinkAboutEmergency Waiver MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Carlos A. Migoya DATE: March 31, 2010 FILE: City Manager SUBJECT: Procurement Waivers- Emergency Findings & Separate Bid Waiver as being in the best interests of the City GLENN MARCOS, CPO, CPLD, etc., et. al. Director of Purchasing Waiver of Competitive Bidding Procedures: Approval of Change Orders to Pirtle Construction Co., Inc. FROM: Ola O. Aluko REFERENCES: Police College and Law Enforcement High School Project, B-72910 Director Department of Capital Improvements ENCLOSURES: RECOMMENDATION In the interest of maintaining continuity of work, it was determined that utilizing another Contractor to install Furniture Fixtures and Equipment ("FF&E") and its electrical infrastructure for the Police College and Law Enforcement High School Project, B-72910, would substantially delay the project and ultimately cost the City undue additional expenditures, and potentially delay the opening of the school. One of the conditions placed on the contractor, Pirtle Construction Co., Inc., was that they would obtain competitive pricing on the FF&E. In an effort to avoid disruption of the essential governmental services provided by the facility, it was determined that it was most practicable and advantageous to the City for Pirtle Construction Co., Inc., to perform the additional FF&E work, in the amount of $1,255,038. We recommend that the City Commission concur to waive the formal requirements set forth in the Code of the City of Miami, as amended, in Section 18-85, and under Florida Statutes Section 255.0525 and 255.20, pursuant to City Code Section 18-90 and ratify, approve and confirm these emergency findings for the previously delivered and installed Furniture Fixtures and Equipment ("FF&E") and its electrical infrastructure for the Police College and Law Enforcement High School Project, B-72910 in the amount of $1,255,038. We recommend the City Commission to waive the formal requirements set forth in the Procurement Code of the City of Miami, as amended, per Section 18-90, as an emergency procurement, and under Florida Statutes Section 255.0525 and 255.20, and affirm and adopt these findings by a 4/5tt' affirmative vote. Furthermore, in the interest of maintaining continuity of work and to avoid undue additional expenditures, it has similarly been determined that it be most practicable and advantageous to the City for Pirtle Construction Company, Inc., to perform forthcoming City requested additional work, including an IT switchgear upgrade, technology boards, memorial signs, and tactical training mats, in an amount not to exceed $104,383. We recommend that the City Commission concur to waive the formal requirements set forth in the Procurement Code of the City of Miami, as amended, in Section 18-85, and under Florida Statutes Section 255.0525 and 255.20, and affirm and adopt these findings, by a 4!5"' affirmative vote. BACKGROUND The City of Miami ("City"), the Miami -Dade County Board of Commissioners, the Miami -Dade County School Board ("School Board") and numerous other municipalities within Miami -Dade County ("County") have previously entered into an Interlocal Agreement for Public School Facility Planning in the County. On June 9, 2005, the City Commission adopted Resolution No. 05-0373, to reaffirm its commitments to the voters and citizens of the City regarding smart growth principles, projects and initiatives for master planning, capital improvement projects and working with the County, the School Board and other municipalities to deliver regional solutions to basic service requirements such as utilities, transit, air and sea ports, schools and other needs. On September 7, 2005, the School Board authorized joining forces with the City to create first-rate educational programs and services throughout the City through the formation of an Education Compact to focus on improving academic programs, meeting capital and infrastructure needs and providing community involvement. The City's Capital Improvement Program and Multi -Year Plan includes the design and construction of a Police College, and the School Board's Capital Improvement Program and Multi -Year Plan includes the construction and operation of a Law Enforcement Officers Memorial High School for law studies, homeland security, and forensic sciences. The School Board, the City Manager, the Department of Capital Improvements and the Miami Police Department began negotiating agreements regarding the design, construction, funding, operation, maintenance, and co -location of the Police College and Law Enforcement Officers Memorial High School as a single capital improvement project (the "Project") at the City owned properties located at 405 Northwest 3`d Avenue, the Miami Police Headquarters, and at 401 Northwest Td Avenue, an adjacent lot. The School Board committed to providing $11.89 million for the Facility, and the City committed to providing $23.51 million, which led to execution of a Guaranteed Maximum Price Agreement in the total amount of $35,400,000 with Pirtle Construction Co., Inc., as one of the qualified responders to the School Board's RFQ, issued October 17, 2005. The City further entered into an Assignment, Assumption and Amendment Agreement, dated April 14, 2008 by and between the School Board and the City and acknowledged and agreed to by Pirtle, and an Interlocal Agreement, dated as of April 11, 2008 with the School Board for the design, construction, funding and contingencies of a co -located Police College and Law Enforcement Officers Memorial High School in an amount not to exceed $37,470,000, and authorizing the City Manager to execute any additional agreements as deemed necessary to establish the ongoing responsibilities of both parties pursuant to the Interlocal Agreement to accomplish the construction, funding, and contingencies of the Facility. At the time of execution of the Interlocal the City did not have sufficient funds to implement FF&E which had been originally contemplated. The City has identified the funds and thus wishes to make payment for the $1,255,038 in FF&E installed, including the installation of a furniture package, in the amount of $1,066,264, and its electrical infrastructure, in the amount of $188,774. An emergency procurement and waiver of competitive sealed bidding requirements is recommended for these items as an emergency procurement per § 18-90. The City also wishes to authorize Pirtle Construction Company, Inc., to perform forthcoming City requested additional work, including an IT switchgear upgrade, technology boards, memorial signs, and tactical training mats, in the total amount of $104,383, for the non-FF&E items. A waiver of competitive sealed bidding requirements is recommended for these items per §18-85 as being not practicable or advantageous to the City . The City thus requests authorization for the procurement and payment, for both the emergency and non-emergency additional work, to Pirtle Construction Company, Inc., in the total not to exceed amount of $1,420,950. Your signature below will signify your concurrence with the above recommendation and your adoption of and concurrence with these of these findings as your own justification that an emergency exists as the FF & E items for the waiver of competitive bidding procedures and authorize compensation to the Pirtle Construction Co., Inc., for the additional work as to the other prospective work and materials detailed as competitive bidding is not practicable nor advantageous to the City in this particular instance.. Additionally your signature below indicates you have made all findings required by the Procurement Code and the signature of the CFO indicates his professional certification that sufficient funds exist. Approved: 7 rl i , City Manager Certification f Fu valla if' Lar n , en irector of Management and Budget C: Glenn Marcos, Chief Procurement Officer Gary Fabrikant, CIP Assistant Director Nelson Cuadras, Project Manager