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Item F3 .~.'\ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15. 2003 Division: Public Works Bulk Item: Yes No x Department: Enaineerina/ConstructionManaaement AGENDA ITEM WORDING: Requesting conceptual approval to waive Purchasing Policies and Procedures and enter into a contract with WindTech to replace windows at the Gato Building to meet FEMA grant requirements and time constraints. ITEM BACKGROUND: (SEE ATTACHED) PREVIOUS RELEVANT BOCC ACTION: On May 21,2003, the BOCC granted approval to enter into a Modification to the Hazard Mitigation Grant Agreement Number 01 HM-4R-11-54-15-009 with the Department of Community Affairs for the Gato Building Retrofitting Project. The request was for a time extension of one year to allow the additional time necessary to resolve the issue with the non-compliant windows in the Gato Building. At the same time the BOCC granted approval of request to institute legal action, at a time to be determined by County Attorney, relative to manufacture and installation of the windows at the Gato Building. CONTRACT/AGREEMENT CHANGES: NONE STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $684.574.00* BUDGETED: Yes NO_ COST TO COUNTY: $684.574.00* SOURCE OF FUNDS: Infrastructure Sales Tax REVENUE PRODUCING: YES_ NO-1L AMOUNT PER MONTH YEAR OMBRUrchasin9-r)} :zement , constructio~n MM;~ / dZ :~~'~ PR, Cn~:;;2 DIVISION DIRECTOR APPROVAL: j:;/l,/' ~ ---~ 70;7 Dent Pierce, Division Director Item Prepared DOCUMENTATION: Included 1- To follow Not required AGENDA ITEM # /& DISPOSITION: AGENDA ITEM BACKGROUND: Monroe County was awarded two Hazard Mitigation Grants for the installation of Category 5 hurricane rated windows in the Gato Building. The grants totaled approximately $731,000.00. Following construction, impact tests were performed and the windows failed the tests and therefore did not meet the grant specifications. In short, the windows have delaminated, leaked during even moderate rain storms, and repeatedly have failed tests even after modifications. Because of their deficiencies, the existing windows must be replaced with windows that do meet the grant specifications. Staff's negotiations with the architect, contractor and vendors to modify or replace the windows have not produced a satisfactory resolution. Consequently, the County has initialed litigation against those parties but that may take months if not years to resolve. In September of 2003, FEMA indicated that the grant money may be withdrawn if the County does not immediately take steps to install windows that comply with the grant requirements. WindTech has submitted a proposal to provide and install the windows that appear to meet those requirements. Staff is working with WindTech to refine the technical issues associated with the windows and their installation. Staff is also working with the County Attorney's office and all associated agencies to obtain the necessary approvals and permitting of this work to include Historic Architectural Review Board, State Historic Preservation office, City of Key West building Department, and the Navy. If the County takes no action, it will be left with a building with windows that leak and are vulnerable to wind damage. Moreover, the County stands to lose $585,000.00 in grant money from FEMA and the State and may have to refund $146,000.00 to FEMA for funds already received pursuant to a previous grant. This scenario would represent a net loss to the County of $731,000.00. *The figure of $684,574.00 is the proposed contract price. It is not a final number. It does not include costs for items such as disposal of the existing windows, which the County would have to bear. The balance of the grant from FEMA, if received, would be used to offset the agreed upon price after the windows are installed. JUL,-21-212112l3 11 : 34 ~~&. 85121 413 9857 P.12l2/12l3 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS -Dedicated to making Florida a better place to call home" JEB BUSH Govemar COLLEEN CASllLLE Sect8lary July 21,2003 VIA FACSIMILE AND U.S. MAIL . MONROE COUNTY CON8TRU N MANAGEMENT MEMORANDUM - RECEIVED ~ TO: ~azard Mitigation Grant Program Project Managers FROM: Craig Fugate, Director SUBJE : Limitations on State Match for the Hazard Mitil!ation Grant Pro~m The purpose of this memorandUlll is to emphasize the importance of the policy change concerning the administration of the Hazard Mitigation Grant Program (HMGP). This policy change will directly impact the state funds provided as match for all HMGP funded projects. The policy change is as follows: Effective June 172003, the Florida Legislature has placed a five (5) year limit on the state match for all open hazard mitigation projects beginning from the date of the Governor's original emergency declaration for the relevant disaster. Grantees are still required to complete the project, but must meet the remaining matcb from local funds after the State funds are no longer available. Please Note: The State match funds for an open projects under FEMA 1249 Hurricane Georges will expire on September 28, 2003. Only those costs incurred for the State match prior to September 29, 2003 will be reimbursed. Additionally, all requests for reimbursement for State match funds must be submitted to this office by November 27, 2003. HMGP-FEMA-DR-1249-Hurricane Georges Please No'te: The State match funds far all open projects under FEMA 1259 Tropical Storm Mitch will expire on November 6, 2003. Only those costs incurred for the State match prior to November 7, 2003 will be reimbursed. Additionally, all requests for reimbursement for State match funds must be submitted to this office by December 5, 2003. lIMGP-FEMA.DR-1259_ Tropical Storm. Mitch 2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466fSuneom 278-8466 FAX: (850) 921.0781/Suncom 291-0781 Internet address: hUp:fJwww.dea.stars.fl.us CRmCAL STATE CONCeRN FIElD OFFICE 27llll o..n... HIQflwllJi SUIo 212 M~. Ft. 3300-2227 (3O!lJ 2!l1lo20a2 COMMUHny PLANNING 2565 Slv1l8r'CI Oak lICliJIftI/ans Tan.ha...., Fl ~1lO EMeRGENCY MAHACEMI!NT 2S55 Shumlll'll OaItlklul_ TIIUahau... FL ~'1"''''''' HOUSING & COMMUNrTY DEVELOPMENT ~ 6hun8,! 0aIt !lc:II.Mnru JUL-21-2003 11:34 RECOVERY & MITIGATION 850 413 9857 P.03/03 MEMORANDUM July 21, 2003 Page Two If you have any questions regrading this policy, please contact Mr. Leroy ThOmpson at 850/413.9816. WCF/mak co: Local Mitigation Strategy Coordinators D3 d -- 'ilech · rOdUcts /J ~ \11 " /J'I 100 E. Castle View Dr. - Braselton, Ga. 30517 ~ Phone: 706.658.2529 - Fax: 706.658.2532 c,.cT-- FILE COpy '". September 22, 2003 MONROE COUNlY . CONSlRUcnON MANAGEMHft SE '- '003 .~ Ms. Stephanie Cofer Director of Construction & Planning Monroe County Florida 1100 Simonton St. Key West, FL 33040 RE: GATO BUILDING QUOTATION Dear Ms. Cofer: We at Wind-Tech Products, Inc. are pleased to offer you the following proposal for the G.A.T.O. Building Hurricane Window Protection Project. A) Window units provided are per construction documents from Monroe County given by Bender on sheets A31, A32,A37,A38, AI-A6, S5 drawings. B) Glass to be 9/16" overall clear laminated glass !4" heat strengthened .90 interIayer sentry glass plus laminated W' glass heat strengthened. C) All units to be Florida Green D) All units to have vertical and horizontal colonial muntins, as per sample shown E) All window units to be Dade County approved with Notice of Acceptance Number F) Mock up installation for approval after acceptance of ProductlPrice Proposal. G) Two sets of exterior doors located north and south of building with transom above H) Doors, standard hardware, color Florida Green I) One single door unit at East side of building, one single door unit at west side of Building, both to have sidelite with transoms above, color Florida Green, hardware to be standard J) One single door unit at main entrance with sidelite and transom above, Florida Green, hardware to be standard K) Monroe County to waive disposal fee. L) Monroe County to furnish dumpster. Due to the noise of cutting the old windows out, we feel it would be best to install from 5 p.m. through 6 a.m. and on weekends, therefore not disturbing anyone during regular business hours. "Your Clear Choice" Ms. Stephanie Cofer Monroe County Florida Page 2 September 22, 2003 Wind-Tech pricing for the aforementioned, materials and installation will be $684,574.00 plus any applicable taxes. Sincerely: ~ // ;J(~ V !C- ~ Ken W. Campbell, res~ ~ Wind-Tech Products, Inc. cc: Bob Shillinger Monroe County Florida HMGP Fax:850-922-1259 Oct.2 '03 ... 9.:A.?.._~~g?.H. .~. 77121 2213 544i;f':.".~P'. 02/ " . -- ~~~,~)i'ii:li;~I:: \GfiUJ"{r~i 1;(~i~tl11mmm~ WiM,JAGEMENl' OCT-02-2003 09:16 FEMA REG I V , .- TO:FEMA .'. ME~UM: A~: LawrenceFnnk, Mitiption Oftiocr FROM: State ofFlarida tilL! Miles Andersen. p~ Mmager..Mitigation Date: September 29,2003 St1JL1ECr; Momoe County aa~ Builclir1g- HGMP-1259-0019 The subgrante. tor th~ Gato JluildiDg proj=t is asking fer a coneumn= on t&e *~~t\U'a1 product let me Gale BuiJd~ as a mUle 6fyour Sepfember 11, 2000 letter. (SEE An ACHED INFORMATION) If you mve my questions, pl~e call Miles at 8501 9224442. Th:m1r.J. Karen La e FF FEMA . ~1h~~~ . \ (. If'fuvt.<3> Please: pt"QV1de a copy ~ concurrence to; DepartmeJlt of Community Affairs Attn: Miles AndenOll-l\fitJptiGD 2SSS Shumard Oak Blvd. TaJIHanee, Florida 32399-:Z100 Fax 850/413-9857 Y\/u'$v eaniC\CJ1 \J.s W","lY\ t~ i ~ W\~ .[ rl If ft-\: 51 sIc.:.<l..'.V'\ ~~> ~~ ',",~"lLLJ. . \.If .~ ) .Jt ~ ';;Jlf We.. (JM(ur ...J'\t~i tkr~ l~ " ~i~ble ~~~ Cy~ tQl) e;.> -1 ~~ J~ sl141lJ f~dLCf 'NJtdJ IttL 15"S"- p1.,f~ Lv\i1a lo-qJ -rL~$ . n,L ~t f5 J1~ Q\J\~i;4 io d1~.e. Ms uttflf th( t.J1~~ fd~i Sf~lV1 rL,_I~sthl~J uV\~ &1dAU- \~~ IIl\f~ . wvWl [<1!1,~ V ~vwa~ ~cc_~O-~o~ ~~.~ ~I!I ...... __