HomeMy WebLinkAboutExhibit BCity of Miami
1.Legislation
Resolution: R-08-0646
File Number: 08-01301
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/13/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COOPERATION
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND THE OBC MOORE PARK, LLC TO
PROVIDE AN AMOUNT NOT EXCEEDING $2,500,000 FOR THE CITY'S
PARTICIPATION IN A COOPERATIVE PROJECT IDENTIFIED AS PROJECT NO.
B-30625 KNOWN AS "MOORE PARK ATHLETIC FIELD," TO CONSTRUCT A
FOOTBALL STADIUM AT MOORE PARK, LOCATED AT 765 NORTHWEST 36
STREET, MIAMI, FLORIDA, WITH THE PROJECT FEATURES DESCRIBED
HEREIN AS AN ORANGE BOWL LEGACY GIFT ("THE PROJECT"), WHEREIN THE
OBC WILL CONTRIBUTE $2,500,000, AND THE CITY WILL CONTRIBUTE
MATCHING FUNDS UP TO $2,500,000; BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTERAN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES TO THE EFFECT
THAT IT IS IN THE PUBLIC'S BEST INTEREST TO PERMITAND ALLOW OBC TO
DIRECT, SUPERVISE, MANAGE AND BE RESPONSIBLE FOR THE
CONSTRUCTION OF THE PROJECT DUE TO TIME CONSTRAINTS IN THIS
PROJECT, AND IN RECOGNITION OF CONDITIONS OF THE GRANT FUNDING
FROM THE OBC, PRECLUDING CUSTOMARY SEALED BIDDING PROCEDURES
TO ALLOW OBC TO SELECT THE QUALIFIED, LICENSED, BONDED, CERTIFIED
AND INSURED PRIVATE SECTOR GENERAL CONTRACTOR TO BUILD THIS
PROJECT BY A METHOD OTHER THAN COMPETITIVE PROCUREMENT;
FURTHER BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING,
THE CITY MANAGER'S WRITTEN FINDING OFAVALID PUBLIC EMERGENCY,
WAIVING CONSULTANT'S COMPETITIVE NEGOTIATION ACT ("CCNA") PUBLIC
ANNOUNCEMENT AND QUALIFICATION PROCEDURES FOR THE RETENTION
OF A CCNA PROFESSIONAL SERVICES (ARCHITECT/ENGINEER) FOR THIS
PROJECT BY THE OBC.
WHEREAS, pursuant to Resolution No. 08-0611, adopted October 23, 2008, the City Commission
accepted the gracious contribution of the OBC Moore Park, LLC ("OBC") for the construction of a
football stadium at Moore Park, located at 765 Northwest 36 Street, Miami, Florida ("Project"), with
conditions, including, without limitation, entering into a satisfactory Project Cooperation Agreement
("Agreement") with OBC, a copy of which is attached; and
WHEREAS, as affirmed by the OBC, if this Project were to be competitively procured by the City of
Miami ("City"), the OBC funding source would be substantially diminished or lost because the time
required to competitively award the Project after funds become available exceeds the time within which
the funding source must be spent and this constraint removes the Project from the scope of 255.20,
Florida Statute (2008) which does not apply to this exception; and
City of Miami Page 1 of 4 File Al. 08-01301 (version: 1) Printed On: 31812021
File Number: 08-01301
Enactment Number: R-08-0646
WHEREAS, as affirmed by a written certification of the City Manager as agency head of the City,
the time constraints in the funding of this Project do not allow for the considerable expanse of time
necessitated in complying with the Consultant's Competitive Negotiation Act ("CCNA") , 287.055,
Florida Statute ( 2008) in the City retaining any needed professional services of an architect,
professional engineer, landscape architect, or registered surveyor or mapper for this Project
constituting a valid public emergency removing the Project from the public announcement and
qualification procedures of CCNA; and
WHEREAS, the OBC is a §501(c)(3) non-profit limited liability company and by way of contributing
$2,500,000 to be used exclusively for the design and construction of this Project, by agreeing to
supervise, retain, direct, discharge, manage and oversee CCNA professional services and a duly
qualified, licensed, certified, and insured architect, engineer, certified surveyor or mapper to design this
Project will be realizing an Orange Bowl Legacy Gift to the City and additionally absorb, that is, pay for,
satisfy and discharge all cost overruns, change orders, extra fees or expenses in this Project which
exceed the City's matching grant of $2,500,000; and
WHEREAS, the City Manager additionally finds and recommends that it is in the public's best
interest to waive competitive sealed bidding procedures and reports that OBC will select, outside of a
City competitive procurement process, a qualified licensed, bonded, certified and insured general
contractor/ construction firm, who will serve as the appropriately licensed general contractor that is
qualified to undertake and perform such work on behalf of the OBC and the City because: it will
perform all necessary work for the Orange Bowl Legacy Gift of the Project, formally identified as
Project No. B- 30625, also known as Moore Park Athletic Field within expeditious timeliness and
construction schedules; and
WHEREAS, the City Manager has provided a written recommendation that the Professional
Services under the CCNA be granted by OBC to an architect, engineer, landscape architect, certified
surveyor/mapper, as applicable, without public announcement and qualification or other CCNA
procedures, and the consideration and justification of these waivers are documented, in writing, and
were presented to the City Commission prior to their passage of this Resolution; and
WHEREAS, this matter is being considered at an advertised public hearing and in accordance with
Florida Statutes 255.20(Local bids and contracts for public construction work) ( 2008), and Sections 18
-85 (Competitive Sealed Bidding), 18-87 (Professional Services Under Florida Statutes § 287.055,
(2008) "CCNA" ) and 18-89 (Public Works and Contracts), of the Code of the City of Miami, Florida, as
amended, which are each deemed as being incorporated by reference herein as though set forth in full,
and which sets forth criteria for the aforementioned exemptions or waivers, as applicable, of the
applicable competitive processes;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1 } to execute the Project Cooperation Agreement, in
substantially the attached form, between the City and the OBC to provide for the City's participation of
providing matching funds not in excess of $2,500,000 in a cooperative project to where the OBC will be
responsible for designing, engineering, constructing and completing, in accordance with all applicable
laws and codes, the Project, wherein OBC will contribute not less than $2,500,000, and OBC will pay
City of Miami Page 2 of 4 File Id: 08-01301 (Version: 1) Printed On: 31812021
File Number: 08-01301
EnactinentNurnber: R-08-0646
for, be responsible for , discharge and absorb any cost overrun, change order, contractor, supplier,
subcontractor, laborer, or material supplier claim or any other claim or cost arising or accruing by virtue
of this Project in excess of the City's contribution of $2,500,000. The Project Agreement also includes,
without limitation:
• Hold harmless and indemnity in favor of the City
• Maximum contribution of $2,500,000 by the City in matching funds and responsibility
of the OBC for all costs over the City contribution relative to the Project
• OBC responsibility for design and construction of the Project and for the selection
and direction of the general contractor/construction firm and any CCNA
professional services retained for the Project
• Payment and performance bond, insurance, certification and licensing requirements
for the general contractor/construction firm and OBC, as applicable
• New field surface made of synthetic field turf
• New running track with appropriate facilities for track and field events
• 1,500 aluminum bleacher seats
• Press box with PA system
• Electronic scoreboard
• Field lighting
• Storage structure
• Two (2) restroom/concession buildings
• The Project will be built and completed in accordance with all applicable laws and
Codes
• The Project will be tendered to the City with all applicable warranties free and clear
of any lien or encumbrance
• The Project will be part of Moore Park, a municipal park, and will be solely the
property of the City
• The City contribution will be distributed in the manner and at the intervals specified
by the Project Agreement.
Section 3. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City
Manager's finding of an emergency that it is in the public's best interest to waive competitive sealed
bidding procedures, allowing the OBC to select, direct, supervise, manage and be responsible for a
general contractor/construction firm, who is an appropriately licensed, bonded, insured and qualified
general contractor, who is to undertake and perform such the construction work on behalf of the
OBC and the City for this Project by method other than competitive procurement is ratified, approved
and confirmed by the City Commission. The reasons are detailed elsewhere but may be
summarized as saying that this is a condition to OBC's grant for this Project and that the time to
competitively award this Project by customary sealed bidding methods used for public works and
improvements would cause a loss of OBC's funding and generous contribution to the City as well as
cause a time delay that would not accommodate the events and programs already planned for the
Project.
Section 4. By a four -fifths (4/5ths) affirmative vote the City Manager's written finding of a valid
public emergency which necessitates dispensing with the customary CCNA public announcement
and qualification and other procedures is ratified, confirmed and approved by the City Commission
for reasons set forth in the City Manager's memo which may be summarized by noting that following
the formal CCNA procedures will not allow the design of the Project to meet the requirements of
City of Miami Page 3 of 4 File Id: 08-01301 (Version: 1) Printed On: 31812021
File Number: 08-01301
EnactinentNurnber: R-08-0646
OBC's Orange Bowl Legacy Gift to this City and will cause it to be lost.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2)
Footnotes:
{1}The herein authorization is further subject to compliance with all requirements that may be
imposed by the city Attorney, including but not limited to those prescribed by applicable provisions of
the City Charter end Code.
{2}If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 4 of 4 File Id: 08-01301 (Version: 1) Printed On: 31812021