HomeMy WebLinkAboutR-2013-068 Ratified & Approved Payment of $53,677.72 Authorized by City Manager for Partial Building Permit Fees & Total Cost of Utility Impact Fees related to the Marina Project RESOLUTION NO. 2013-068
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING AND APPROVING PAYMENT
AUTHORIZED BY THE CITY MANAGER IN AN AMOUNT OF $53,677.72,
FOR PARTIAL BUILDING PERMIT FEES AND THE TOTAL COST OF
UTILITY IMPACT FEES RELATED TO THE MARINA PROJECT;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess the established monetary threshold
without competitive bidding and without advertisement for bids, if he is authorized to do so in
advance by a resolution adopted by the City Commission and if such purchases are made
pursuant to a competitive bid obtained within the last eighteen (18) months by other
governmental agencies such as the federal government, State of Florida or a Florida county or
municipality; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section.2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), set the monetary threshold or limitation at$25,000.00; and
WHEREAS, the City of Dania Beach prepared an extensive, detailed bid for the Marina
Renovation Project and awarded a contract to Shoreline Foundation Inc. on October 23, 2012 in
the amount $6,186,787.00 for reconstruction at the Dania Beach Municipal Marina; and
WHEREAS,the City bid contained specific language and response to bidder questions
that stated in part:
Bid — "Section 9.2 The Proposal prices shall include all permit fees, royalties, license fees,
taxes and other costs arising from the use of the designs, equipment and materials in any way
involved in the work as well as all costs of packaging, transporting and delivery of any
equipment and materials to the designated location within the City, and the site's cleanup."
Addendum 1 —"Question No. 12: Can a list of permits required be provided with
percentage of cost?
Response: Contractor is responsible for all costs associated with all permits. Since
some permits cannot be anticipated without knowing the means and
methods of the construction we can only provide the most probable list
of permits and percentage of cost below.
Dewatering Permit: Fee to be determined and paid by contractor. This
fee should be much less than 1% of project.
Building Permit: The building permit fee varies per project so at this
time it has been requested by the building department that a 2% fee be
assumed understanding that the actual percentage used may vary
depending upon a number of factors with 2% the most likely rate."; and
WHEREAS, Shoreline Foundation Inc. bid the project reflecting a 2% value cost for
Project building permits which calculates to $123,735.74; while actual City building permit fees
were recently computed and charged for this Project at a total of $35,610.48, resulting in an
amount of$17,805.24 more than the 2%estimate; and
WHEREAS, the construction project bid also anticipated and included necessary
installation of new water and sewer service at the Marina for which utility impact fees in the
amount of $18,256.00 are to be paid, as well as other Project impact fees of $17,616.48 for
Police/Fire/Administration, resulting in total Project impact fees of$35,872.48; and
WHEREAS, the City assesses and collects all City Impact Fees (including Recreation,
Police/Fire, Utility, etc.) at the time a building permit is issued (Impact fees are not a building
permit fee cost) to help ensure Impact fees have been charged to and paid by contractors as a
normal and customary part of all approved construction; and
WHEREAS, after meeting and negotiating with the Contractor, which resisted the
additional fees and costs, and upon the recommendation of the City Attorney and Public Services
Director, the City will evenly split with Shoreline Foundation Inc. that portion of the building
permit fee which exceeds the 2% estimate noted above, resulting in a City cost of$17,805.24;
and
WHEREAS, upon the additional recommendation of the City Attorney and Public
Services Director, the City will pay the full cost of all City Impact fees for the City-owned
Marina Project, including the new water and sewer service, resulting in a City cost of
$35,872.48; and
WHEREAS, the total $53,677.72 cost of the above recommendations for the Marina as
to Project 1) partial permit fees and 2) full impact fees was authorized by the Acting City
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Manager and paid on June 14, 2013 so as to settle a contractual dispute with the contractor and to
avoid further Project construction delays;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "Whereas" clauses are incorporated by reference and
made a part of this Resolution.
Section 2. That the City Commission ratifies and approves the above payment of
$53,677.72 made by the City Manager's office toward partial cost of the Marina Project
building permit fee and full costs of the Marina Project impact fees and further acknowledging
that these costs will be paid outside and apart from the City's approved $6.187 million
construction contract agreement with Shoreline Foundation, Inc. on the Marina Construction
Project.
Section 3. That funding for the payment of the fees will be charged to the Capital
Project Fund, Marina Reconstruction Project, City Project Contingency Account, Account No.
301-80-04-575-31-10.
Section 4. That all resolutions or part of Resolutions in conflict with the provisions
of this Resolution are repealed.
Section 5. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on June 25, 2013.
ATTEST:
A0 A'
f LOUISE STILSON,'CNYC WALTER B. DUKE, III
CITY CLERK MAYOR
�o�pRp`S F{RSr GI,
f
APPROVED AS TO ORM D CORRECTNESS:
THO S J.A§BRib � aAr�o
CITY ATTORNEY
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