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HomeMy WebLinkAboutR-91-0567J-91-627 7/17/91 9 1 " 5 6 7RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT, DATED JUNE 27, 1989, BETWEEN THE CITY OF MIAMI AND URBAN ARCHITECTS, INC. FOR THE PROVISION OF PROFESSIONAL DESIGN SERVICES IN THE FIELDS OF ARCHITECTURE AND ENGINEERING FOR THE ORANGE BOWL MODERNIZATION PROJECT - PHASE II, CAPITAL IMPROVEMENT PROJECT NO. 404238. WHEREAS, pursuant to applicable City Code provisions, the City Commission by Resolution No. 89-393, adopted April 27, 1989, authorized the City Manager to execute an Agreement with Urban Architects, Inc. (the "CONSULTANT") to provide professional and technical design services for the Orange Bowl Modernization Project - Phase II, hereinafter referred to as "PROJECT"; and WHEREAS, an Agreement dated June 27, 1989 was duly executed by the parties; and ■ WHEREAS, during the initial phase of work performed under said Agreement; the Investigative Analysis and Program Phase, it was determined by appropriate City officials, the City Manager, and the CONSULTANT, that an alternative program was required for the PROJECT to more accurately reflect the renovation needs of the Orange Bowl Stadium and its major users; and WHEREAS, based on said findings, the City Manager directed modifications to the program for the PROJECT, primarily affecting the scope of improvements and renovations within available funding for the PROJECT; and WHEREAS, the City Commission by Resolution No. 90-451, adopted June 7, 1990, directed that certain work contained in the program and scope of work for the PROJECT, namely specified structural repairs and improvements, be conducted on an emergency basis for the 1990 college football season; and COMMMIM ATTACHMENTS E Q CONTAINEDJUL 20 Yf/0N 11�4 +. i w z WHEREAS, the City Manager, in a letter to the CONSULTANT dated July 21, 1990, directed the CONSULTANT to proceed with the design for the PROJECT in order to meet the renovation needs of the Stadium's major users; and WHEREAS, the City Commission, by Resolution No. 90r-594, adopted July 26, 1990, accepted the CONSULTANT's findings and reports from the initial Investigative Analysis and Program Phase 4 of Design, and ratified the City Manager's action in authorizing the CONSULTANT to proceed with design; and WHEREAS, said Resolution No. 90-594, further authorized the City Manager to execute an amendment to the agreement to reflect the modified scope of the PROJECT and the fee to the CONSULTANT based on a total amount of $852,000 for all design services and for administration of the PROJECT by the Public Works Department; and WHEREAS, based on the extent of emergency work required, the City's need to meet the requirements of the major stadium users, and the amount of funding available, the scope of CONSULTANT's work was subsequently modified and increased; and WHEREAS, the representative of the City Manager and the CONSULTANT have determined that the following revised fees are appropriate for the current scope of work: a Base Fee to the Consultant in the amount of $836,000, with allowances of $250,000 for additional design services approved by the City Commission and $10,000 for reimbursable expenses (such as printing and reproduction), and $75,000 for Project Administration by the Public Works Department; and WHEREAS, certain other modifications to said Agreement have also become necessary to reflect the schedule of fee payments, the hourly fees for additional work approved by the City Commission, an automatic fee structure for additional structural improvements that may be required in the immediate future, the makeup of the design team, and revisions to the insurance requirements and indemnification clause based on the current scope of work and factors previously described; 0 a NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby incorporated by reference thereto and adopted as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an amendment, in substantially the attached form, to the agreement dated June 27, 1989 between the City of Miami and Urban Architects, Inc. for the provision of professional design services in the fields of architecture and engineering for the Orange Bowl Modernization Project - Phase II, Capital Improvement Project No. 404238, with funds therefor hereby allocated from said Capital Improvement Project. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of ATTE MATTY HIRAI CITY CLERK PREPARED AND PROVED BY: HUMBERTO HERNANDEZ ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: RGE L FERNANDEZ TY AT ORNEY bss:M2396 VIE , 1991. AMENDMENT #1 TO PROPESSIONAAL SERVICES AGREEMENT DESIGN CONSUL'3'AT?T POR ORANGE BOWL MODERNIZATION PROJECT PHAS21 This Amendment made this day of , 1991 by and between the City of Miami, a municipal cooperation of the State of Florida, hereinafter referred to as the "CITY", and Urban Architects, Inc., a for -profit corporation of the State of Y, Florida, hereinafter referred to as the "CONSULTANT". "r RECITAL _ WHEREAS, the City Commission by Resolution No. 89-393 adopted April 27, 1989, authorized the City Manager to execute an Agreement with the CONSULTANT to provide professional and technical design services for the Orange Bowl Modernization �s Project - Phase II, hereinafter referred to as "PROJECT"; and WHEREAS, an Agreement dated June 27, 1989 was duly executed by the parties; and 1— WHEREAS, during the initial phase of work performed under said Agreement, the Investigative Analysis and Program Phase, it was determined by appropriate City officials, the City Manager, i' and the CONSULTANT, that an alternative program was required for the PROJECT to more accurately reflect the renovation needs of 1 the Orange Bowl Stadium and its major users; and WHEREAS, based on said findings, the City Manager directed modifications to the program for the PROJECT, primarily affecting the scope of improvements and renovations within available funding for the PROJECT; and WHEREAS, the City Commission by Resolution No. 90-451 i adopted June 7, 1990 directed that certain work contained in the program and scope of work for the PROJECT, namely specified 1 structural repairs and improvements, be conducted on a fast track or emergency basis for the 1990 college football season; and Ij WHEREAS, the City Manager, in a letter to the CONSULTANT i dated July 21, 1990, directed the CONSULTANT to proceed with the design for the PROJECT in order to meet the renovation needs of the Stadium's major users; and Jow j 91 7 i t w Y: WHEREAS, the City Commission, by Resolution 90-594, adopted July 26, 1990, accepted the CONSULTANT'S findings and reports from the initial Investigative Analysis and Program phase of Design, and ratified the City Manager's action in authorizing the CONSULTANT to proceed with design; and WHEREAS, Resolution No. 90-594, along with Resolution No. 91-- adopted , 1991, further authorized the City Manager to execute an amendment to the agreement dated June 27, 1990 with the CONSULTANT, said amendment to reflect the modified scope of the PROJECT and the fee to the CONSULTANT; NOW, THEREFORE, CITY and CONSULTANT, for the considerations hereinafter set forth, agree to amend the Agreement in the following particulars.1/ 1. Subsection I of SECTION I "DEFINITIONS" shall be modified as follows: "I. PROJECT - is hereby defined as the Orange Bowl Modernization Project Phase II. The full scope of the PROJECT is outlined in Exhibit "A $" attached to this Agreement.- . which exhibit may be modified by LKK•I t��iiL•Z! �=�•Z', L =l i==�•F�=� �•i� I UFIT fim 2. Subsections C and D of SECTION II "GENERAL" shall be modified as follows, and Subsection E shall be added: "C. The CITY has proposed an amount not to exceed S9. 571, 000. 00 for the tout-} cost of the PROJECT as followss 1. $ 935,000.60 S 836,000.00 for design services, fee BASE FEE for the CONSULTANT. 2. $-18r;989.99 S 335,000.00 allowance for the following to be used on the basis of actual expenditures for: a. An estimated $-39-r909-. 99 S 250, 00. 00 for fees of SPECIAL CONSULTANTS and/or for fees relating to Additional Service requested by the CITY and provided by the CONSULTANT on this PROJECT. b. An estimated S10.000 for CONSULTANT's reimburseable expenses. b C. An estimated $75,000 for PROJECT costs incurred primarily by CITY'S Public Works Department as follows: i. Projected Expenses for inspection, surveys, soil investigations and related costs. ii. Incidental Expenses for testing, administration, printing and related costs. iii. Threshold Inspection as may be required. 3. S 8,400,000.00 for estimated construction as follows: a. $12,10316ee.ee 58,000,000.00 for estimated CONSTRUCTION COST of the PROJECT. b. , S 400,000.00 for estimated construction contingencies at 5% of the to be used as the cash allowance during construction. D. The CITY agrees to pay and the CONSULTANT agrees to accept as payment in full for all professional and technical services rendered, as outlined in SECTION III - PROFESSIONAL SERVICES thereof, the BASE FEE of Nine Hundred Thirty five Eight Hundred Thirty Six Thousand Dollars and 00/100 (935,000.06) (S836,000.00). T. • • - Lt- 1 1JUVW41- •) • 1 - • !--MR,M-MR, . , •- -! 1 11 1• -• • Avg tMeAlp IM1 • _ • • . -t. 111 111 As A 3. Paragraph I in Subsection H of SECTION III "PROFESSIONAL SERVICES" shall be modified in the following particulars: "H. Additional work authorized by the CITY 3 .. 567 4� 1. services beyond the scope of the PROJECT described herein may enemy be done by written amendment to this Agreement executed by the CITY MANAGER. At the CITY's option for additional work, the CONSULTANT may will be paid an agreed upon fixed fee or be paid at a rate of two and •- - S) ktr4l 41AW41• - Project Architectit CONSULTANTb. For Additional Services 2rovided by the •- or • -•- consultants. the CONSULTANT shallbe p. • the direct fees owed to those cgnsultants as verified by 1 • - to thg CONSULTANT. fifteen percent (15%) for CONSULTANT's overhead and adMinistrative cost." 4. The First Paragraph and Subsection C of SECTION V "COMPENSATION" shall be modified as follows: "A For all professional and technical services required to complete the PROJECT, as outlined in Section III hereof and further described in Exhibit —a, the CITY agrees to pay, and the CONSULTANT agrees to accept, as a full payment for his services the BASE FEE of y Six Thousand Dollars and 00 100 -(J935-1$9-j- ($836.000.00). This payment will be made monthly in proportion to the services performed so that the compensation at the completion of each delign phase shall equal the following percentages and amounts of the total BASE FEE. Percentage of Progress Accumulated Base Fee Payment Payments .. - • • IPA1= r i ti IL-"-V-A- 1 = I t =. • = 11 � =- �� •1 �:_ 11 lil 4 � � 567 C. The CONSULTANT shall not expend funds related to the SPECIAL CONSULTANTS and/or any other reimbursable expense without prier %fritten authorization from the PROJECT MANAGER,and t' 4.A a.1v1 A. N.i N.LVil . inwoicea Fees for services performed under the said ALLOWANCE shall be listed separate and apart from those related to the BABB FEE, and must include a breakdown of time and tasks related to the expenditure. The CONSULTANT shall receive only those funds from this allowance as are authorized and is not otherwise entitled to any or all of the monies contained in the ALLOWANCE. Nothing contained in this Section shall allow the CONSULTANT to invoice for services other than those specifically authorized." 5. Subsections A and B of SECTION VI "CONSULTANT'S SPECIALISTS" shall be modified in the following particulars: "A. The CONSULTANT proposes to have the following specialists, either from its organization or as its Consultants or associates to perform the services indicated: 1. Architecture 2. Structural Engineering 3. Landscape Architecture 4. Electrical & Mechanical Engineering B. Selection of the CONSULTANT by the Competitive Selection Committee, authorized to negotiate and approval of this AGREEMENT by the City Commission was based, in part, on the qualifications and expertise of the following architectural, landscape architectural, engineering, and other design firms proposed as the designated CONSULTANT'S SPECIALISTS. 1. Heery Architects & Engineers, Inc. 2. Laura Llerena & Associates, Inc. . *j. Emilio J. Hospital & Associates, Inc. fro. Construction Management Services, Inc. 6. Efts ited *rch i-tect:a . " 6. SECTION XV "INDEMNIFICATION" shall be modified as follows: "Except as provided herein below. tThe CONSULTANT shall indemnify and save CITY, its officials, agents, and authorized representatives harmless from claims, liabilities, losses, and causes of action, in contract or in tort, in law or in equity, which may arise out of performance of this Agreement as a result of any negligent act, error, or omission, unless such act is caused by an employee, agents, or authorized representatives of the CITY. The CONSULTANT shall pay all costs from and against any orders, judgements or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. �•5_ 91 7. Subsection A and the paragraph immediately- precedent to Subsection A of SECTION XVI "INSURANCE" shall be modified as follows: "The CONSULTANT and the CONSULTANT'S SPECIALISTS as applicable, shall maintain during the term of this Agreement the following insurance. A. Professional Liability Insurance: The CONSULTANT and the CONSULTANT'S SPECIALISTS shall maintain an aggregate total of Professional Liability Insurance in the minimum amount of $1,000,000.00 The minimum individual amount of Professional Liability Insurance maintained by the CONSULTANT and each of the CONSULTANT'S SPECIALISTS shall be not less than 5250.000.00. The Professional Liability Policy shall be in the form of a standard Professional Liability Policy or a Specific Project Policy." 8. The Agreement entered into between CITY and CONSULTANT dated June 27, 1989 shall remain in full force and effect and shall not be deemed to be modified except as modified herein. IN WITNESS WHEREOF the parties hereto have, through their proper corporate officials, executed this Amendment #1 the day and year first above written. ATTEST: City Clerk ATTEST: Corporate Secretary 6 - THE CITY OF MIAMI, a municipal corporation of the State of Florida By: Cesar H. Odio, City Manager CONSULTANT: Urban Architects, Inc. a Florida for -profit Corporation Nelson Mallo, President 91-- 567 APPROVED AS TO CONTENTS APPROVED AS TO FORM AND CORRECTNESS: Jorge L. Fernandez, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Segundo Perez, Insurance Manager EXHIBIT Bs PROJECT SCONE OF WORK AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MIAMI AND URBAN ARCHITECTS, INC. WORK/PROJECT_ELSE ENT 1. STRUCTURAL REPAIRS AND REPLACEMENT Repair and replace as needed: deck sections and steel decking, joists, channels, angles, connections, column braces and column bases. Replace approximately 1500 concrete joists and poured -in -place concrete decks with new { steel joists and poured -in -place concrete decks. 2. PAINTING - Design the painting portion of the work to clean and repaint portions of the steel structure of the stadium to protect against accelerated decay and to facilitate corrosion control and maintenance. 3. WATERPROOFING Design as appropriate the sealing and waterproofing of the. new concrete slabs to protect from water infiltration. Includes the installation of caulks and sealants at expansion joints and other locations to prevent water penetration. 4. EECONDARY ELECTRIC SYSTE Design upgrade to the existing secondary electric system to serve planned improvements and to connect to the new primary electric system being designed by CITY. CONSULTANT's work includes new concourse and ramp lighting, and electrical service to new restroom and concession facilities. 5. EMERGENCY LIGHTING AND SIGNAGE Emergency lighting for principal concourses and ramps serving as primary exit routes. Includes the design of non - illuminated direction signs for concourses and ramps. 6. SANITARY FACILITIES AND CONCESSIONS New toilet facilities and concessions at appropriate locations. A total of approximately 175 new fixtures (toilets and urinals) will be added to existing sanitary facilities. 7. LOWER PRESS BOX RENOVATIONS Design improvements to the lower press box consisting of removing existing finishes and wall A/C units installing new finishes, A/C and electrical systems. 8. GOLDEN CANE SEATING AREA Design a new seating area Golden Canes consisting of the upper deck of the south Upper Press Box. i 9. for the University of Miami's 364 arm chairs to be located in stands directly in front of the HURRICANE CLUB Design a new meeting place for the University of Miami's Hurricane Club, possibly located in the East End Zone, Facilities will include air-conditioned meeting space, restrroms, food service area, and other needed facilities. EXHIBIT C I k AMDMMENT No. 1 TO THE ACRE M14NT affiTWgEPi THE CITY OP MIAMt t FLORIDA AND URBAN ARCHITECTS, IN(!* Investigative Analysis 6 Program Study - Alternative "A-2" 9rM99 bowl Modernitatton protect, Phase 1l V. PRo�TECT i1UDaET, - TgE;N1�TIV8 "A-2" A. Program of 2eprovemente E 1. Repair and upgrade existing stadium sttucture (including existing ramps and concourses). 20900,000. 2. Provide additional washrooms and concession apace in five (5) "free standin$". towers between the existing ramps and towers, and fill in empty spaces in existing structure as - necessary to increase fixtures approximately 600 fixtures. 41320,000. .3. now access ramp and handicap seating at West End Zone, S0,000. 4. Renovate lower Prose Sox. 130,000. 5. Painting new steel'and part of existing structure. - ,540,000: 6. Waterproof st*4Aum concrete deck. 1,150,000;' 7. Remove 13,880 bench seats and install 12,364 new seats with backs in the center of the north and south stands. 8651,500. 8. Upgrade secondury••Iactric4l system. 300,000: 9. Utility Adjustments as required (as required), 250„0006 10. Emergency bighting System. 375;000. { SUH TOTAL,,030,500. Contingency (5x + 102) 1.657,600. ' TOTAL CONSTRUCT 0 S - 41201088100. 8, Trogxes Options 11. "Golden Ganes" Seating Enclosure 0 Upper grass Box. South Stands 300t000. 129 flew bound aytem. 3bo,opo. } 13. Four now remote ticket booth and one Pros/Vip entrance. 15000000 14* Now control, scroep, remove existing fence and paving an required. 25000000 1 . �'$..,i3'n1 :' !4�3 sf.,.vH i i �T .•lt f silt. f hn '. / �- - ?;lpf CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM TO;Honorable Mayor and Members �ArE: JUL 1 71991 FILE: of the City Commission - SUBJECT: Resolution Approving an Amendment to Agreement for Professional Design Services FROM: REFERENCES: for Orange Bowl Project Cesar H. Odio ENCLOSURES: City Manager RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to. execute an amendment (in substantially the attached form) to the Agreement with Urban Architects, Inc. (and Heery Architects and Engineers, Inc.) for the professional architectural and engineering services required for the Orange Bowl Modernization Project. BACKGROUND Upon the conclusion'of the competitive selection process, -and approval of the City Commission by Resolution No. 89-393, the City entered into an agreement with Urban Architects, Inc. on April 27, 1989. As the Consultant for the Orange Bowl Modernization Project - Phase II, this firm, along with its sub - consultants including Heery Architects and Engineers, Inc., are providing professional design services for comprehensive renovations to the stadium, consisting of structural improvements, electrical and emergency system upgrades, sanitary and restroom facilities improvements, and other amenities required by the City and major stadium users. The base fee to the Consultants at that time was $936,000 based on a construction budget of $12,710,000. During the initial investigative phase of design, it was determined by staff and the Consultants that modifications to the program of work was required, with greater emphasis on structural, health and safety features. It was also recommended_ that certain structural repairs and other improvements be conducted on an emergency basis prior to the 1990 college football season. The Commission approved these findings and authorized the emergency work by Resolution Nos.- 90-594 and 90-451, respectively. To accommodate modifications to the scope of work required as a result of the above factors, and coupled with the contractual obligations of the City to the University of Miami and Orange Bowl Committee, the attached amendment to the Consultant's contract has been prepared. Funding for related fees has been appropriated to the Capital Improvement Project No. 404238. The following is a synopsis of the proposed modifications. - JUL.- 1.9-'91 THU S C 0's PARKS&REC SYNOPSIS OF CHANGES TO CONSULTANT AGREEMENT URBAN ARCHITECTS, rNC. SCOPE OF WORKS FEES SUBCONSULTANTSS INDEMNIFICATIONS INSURANCES P 10 i Modified to place greater emphasis on structural, health and safety features, in detailed as Exhibit 8 to the Agreement. (Eliminates new towers, ramps and concourses). Estimated construction budget has changed from $121,710,000 to $8,400,000, excluding costs for additional work and that being designed by Public works. Consultant's sane ree has changed from $936,000 to $836,000 with an increased, allowance (up to $250,000) for additional services authorized by the City. Additional. services to date include structural certifications, scoreboard/sound system consultation, and design of family picnic area. The schedule of progress paymento has also been modified to reflect the revised Base roe. Amendment also provides design fees schedules for additional work authorized by the Commissions for structural repairs and improvemente, a flat fee ranging from 0.5% to 10% based on appropriated construction funds, and specified hourly rates for design of other improvements. Due to the modification in the scope of work, the services of these subconsultants are no longer required: United Architects and Maurice Grey and Associates. Modified to provide relief to Consultant for emergency repairs to structures It did not originally design and for structural certifications. Consultant'e design team Consultant individually) to liability coverage of $10000,000. (as opposed to provide aggregate - not lose than Fa ,- 4. J-90-6i6 07/26/90 RESOLUTION NO. 9 594 A RESOLUTION ACCEPTING THE FINDINGS AND REPORTS ON THE ORANGE BOWL STADIUM AND ITS PROPOSED IMPROVEMENT PROGRAM AS PERFORMED BY THE CITY'S DESIGN TEAM AND CONSULTANTS, URBAN ARCHITECTS, INC., UNDER THE INITIAL INVESTIGATIVE ANALYSIS AND PROGRAM PHASE OF DESIGN FOR THE CAPITAL IMPROVEMENT PROJECT ENTITLED "ORANGE BOWL MODERNIZATION - PHASE II", PROJECT NO. 404238; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION IN AUTHORIZING SAID FIRM TO PROCEED WITH DESIGN OF SAID PROJECT IN ORDER TO MEET A TARGETED DATE OF SEPTEMBER 1991 FOR COMPLETION. OF CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT DATED JUNE 27, 1989, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND URBAN ARCHITECTS, INC., SAID AMENDMENT TO REFLECT THE REDUCTION IN THE SCOPE OF THE PROJECT AND IN THE DESIGN FEE TO THE CONSULTANT; ALLOCATING AN AMOUNT NOT TO EXCEED $852,000 FROM THE CAPITAL PROJECT OF THE SAME NAME FOR THE BALANCE OF DESIGN SERVICES AND PROJECT ADMINISTRATION EXPENSES REQUIRED OF THE DESIGN CONSULTANTS AND OF THE PUBLIC WORKS DEPARTMENT FOR SAID PROJECT; ENDORSING THE ACTION OF THE CITY MANAGER IN HIS FINDING OF AN EMERGENCY AND IN HIS AUTHORIZATION OF THE USE OF MODIFIED PROCUREMENT PROCEDURES FOR SPECIFIED REPAIRS AND IMPROVEMENTS TO SAID STADIUM, INCLUDING THE INSTALLATION OF A NEW INTEGRATED SCOREBOARD AND SOUND SYSTEM, TO BE COMPLETED FOR THE 1990 COLLEGE FOOTBALL SEASON, SUBJECT TO THE CITY COMMISSION'S FORMAL REVIEW OF SAID ACTION AT A LATER DATE IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS; FURTHER DIRECTING THE ADMINISTRATION TO PROCEED WITHOUT DELAY TO INITIATE AND COMPLETE CONSTRUCTION OF SAID PROJECT FOR THE 1991 COLLEGE FOOTBALL SEASON. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The findings and reports on the Orange Bowl Stadium and its proposed improvement program as performed by the City's design team and consultants, Urban Architects, Inc. under the initial Investigative Analysis and Program Phase of design for the Capital Improvement Project entitled "Orange Bowl Modernization - Phase II", Project No. 404238, are hereby accepted. 91- 5 S 7` Section 2. The City Manager's action in authorizing said firm to proceed with the design of said project, in order to meet a targeted date of September 1991 for completion of construction, is hereby ratified, approved and confirmed. Section 3. The City Manager is hereby authorized to execute an amendment to the agreement dated June 27, 1989 between the City of Miami and Urban Architects, the said amendment to reflect a reduction in the scope of the project and in the design fee to the consultant as a result of completed negotiations with the University of Miami, and providing that said amendment shall be in a form acceptable to the City Attorney and in compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Section 4. An amount not to exceed $852,000 is hereby allocated from the Capital Improvement Project of the same name, Project No. 404238, for the balance of design services and project administration expenses required of the design consultants and of the Public Works Department for said project. Section 5. The action of the City Manager in his finding of an emergency and in his authorization to use modified procurement procedures for specified additional repairs and improvements to said stadium which are to be completed for the 1990 college ,,football season, including, without limitation, the installation of a new integrated scoreboard and sound system, is hereby endorsed subject to the City Commission's formal review and ratification of said action at a later date in accordance with applicable City Code provisions. Section 6. The Administration of the City of Miami is hereby directed to proceed without delay to initiate and complete construction of said project for the 1991 college football season. Section 7. This Resolution immediately upon its adoption. shall become effective W 2 ss PASSED AND ADOPTED this 76th day of ATTES2':') � r! MATT HIRAI► CITY CLERK CAPITAL BUDGET REVIEW AND APPROVAL: EDU DO RODRIGUEZ► CAPI IMPROVEMENTS MANAGER PREPARED AND APPROVED BY: 6 oe - K� - fA. QUINN JONES► III joo DEPUTY CITY ATTORNEY AL 46 MAYOR ► 1990. APPROVED AS TO FORM AND CORRECTNESS: II AGE c F ANDEZ CITY ATTO Y Ja-90-459 s/31/90 . 90- 451 RESOLUTION NO. A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CERTAIN SPECIFIED STRUCTURAL REPAIRS AND IMPROVEMENTS TO THE ORANGE BOWL STADIUM; RATIFYINGr CONFIRMING AND APPROVING THE CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING SAID WAIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY.ATTORNEY, AND TO ISSUE THE NECESSARY PURCHASE ORDERS FOR SAID REPAIRS;' ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $500,000 FROM THE CAPITAL IMPROVEMENT PROJECT NO. 404238, ENTITLED "ORANGE BOWL MODERNIZATION PROJECT - PHASE II". WHEREAS, the Department of Conferences, Conventions and Public Facilities and the Department of Public Works are making preparations for the upcoming University of Miami football season games at the Orange Bowl Stadium, which begin on September 29, 1990; and WHEREAS, the engineering firm of Urban Architects, Inc., which is presently under contract with the City for the Orange Bow Modernization Project, has completed a structural study of said stadium for said project; and WHEREAS, said firm, with the assistance of the Public Works staff, have identified certain structural repairs and 4. improvements to said stadium that are sufficiently hazardous so as to require immediate attention prior to the start of the football season; and WHEREAS, said repairs and improvements consist of the sandblasting, repair or replacement, and repainting of structural members in designated areas in the northeast and south sections of the stadium, as well as the repair and/or removal of the exterior facade at the west end of the stadium; and WHEREAS, due to unforeseeable delays in the execution of a contract with the U iv it f Mi i i n ers y o am , t mely implementation of 91- 567 AL the Orange Bowl Modernization Project for improvements including the work described herein, has not been possible; and WHEREAS, sufficient time does not now exist for formal competitive sealed bidding procedures and the completion of this work prior to the first Hurricane football game; and WHEREAS, funds for said repairs and improvements are available from the Capital Improvement Project No. 404238, entitled "Orange Bowl Modernization - Phase II"; and WHEREAS, the City Manager has made a written finding that the immediate repair. and improvement of certain stadium structures and, the procurement of the necessary services, materials and/or equipment for same are necessary to safeguard the property, welfare and convenience of the City, thus constituting a valid public emergency and justifying the waiver of formal sealed bid procedures; and WHEREAS, Sections 18-52.5 and 18-52.6 of the Code of the City of Miami, Florida, as amended, provides for the City Manager to waive competitive sealed bidding requirements based on a finding of an emergency and directs that -such procurement be made with as much competition is practicable under the circumstances; and WHEREAS, the herein resolution has been the subject of a r� properly advertised public hearing before the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By an affirmative vote of four -fifths (4/5ths) of the members of the City Commission, the City Manager's finding that a valid public emergency exists justifying the waiver of formal competitive sealed bid procedures for certain specified repairs and improvements to the Orange Bowl Stadium is hereby ratified, confirmed and approved. Section 3. formal competitive sealed bid procedures for the procurement of services, material and equipment necessary for said repairs and improvements are hereby waived. Section 4. The City Manager is hereby authorized to enter into the necessary contracts, in a form acceptable to the City Attorneys and to issue the necessary purchase orders for said structural repairs and improvements. Section 5. An amount not to exceed $500,000 is hereby allocated from the Capital Improvement Project No. 404236, entitled "Orange .Bowl Modernization - Phase II", for this purpose. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of June , 1990. XAVIER L. SU R Z, MAY CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: d0 E V. FE CITY ATTORN bss:M1545 Z W3-