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HomeMy WebLinkAboutR-88-04244/21/88 RESOLUTION NO.""'n A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF THE MEMBERS OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR CONSTRUCTION OF THE "ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I"; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID PROJECT CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BIDS FOR THE CONSTRUCTION OF NECESSARY IMPROVEMENTS AT SAID FACILITY UNDER SAID PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $1,010,000 FROM THE ORANGE BOWL STADIUM MODERNIZATION PROJECT - PHASE I", PROJECT NO. 404237 ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER(S). WHEREAS, the City Manager has made a written finding that modernization of the Orange Bowl Stadium constitutes a valid public emergency which requires the immediate procurement of construction services to protect the welfare, safety and convenience of the City; and WHEREAS, the nature of said emergency is based on the City's need for long-term tenants at said facility and upon the existing tenants' demand for major stadium improvements as a condition precedent to their execution of new use agreements; and WHEREAS, the City Commission initially recognized said emergency by its adoption of Resolution No. 88-339 on April 14, 1988; and WHEREAS, said Resolution also authorized a contract with Kunde, Sprecher, Yaskin & Associates, Inc., for the design, engineering and project management services for said stadium modernization; and WHEREAS, said consultant is in process of completing plans and specifications for the construction of said Phase I; and CITY COMMISSION MEETING OF MAY 112 1988 )N No. 88-424. r.` WHEREAS, it is heee§bafy to begin Phase t construction by June i, 1§88 in order to beet the tenanta' Stated do1hpletil oh deadline of September it 1098; and WHEREAS* said deadline does not aliow sufficient time for the formal advertising, receipt of bids i and award of c6ntf act3 which are normally required procedures; and WHEREAS, Sections 18-52.5 and 18-52.6 of the City Code make provision for the emergency procurement of required goods and services for public works projects and improvements; and WHEREAS* the City Manager and Director of the Department of Parks, Recreation and Public Facilities recommend that informal bid procedures be utilized to procure the needed services and or materials for Phase I construction; and WHEREAS, after receipt of informal bids, contracts for said services and/or materials will be awarded to the lowest responsive and responsible bidders by the City Manager; and WHEREAS, Ordinance No. 10433 adopted May 12, 1988, established the Orange Bowl Stadium Modernization Project Phase I within the City Capital. Improvement Program and appropriated $1,010,000 for said Project; and WHEREAS, the foregoing is being presented at a 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 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's finding that a valid public emergency exists justifying such waiver for said Projectis hereby.ratified, approved and confirmed. SECTION 3. By an affirmative vote of 4/5ths of the members of the City Commission, formal competitive' sealed bid procedures for the procurement of services and/or materials for'.. the construction of the "Orange Bowl Stadium Modernization Project Phase V are hereby waived. -2- F38,424. StCvtog 4, The City Manager is hereby authorized to accept the lowest re6p6h§iVe and responsible bids for the construction of said Project, SECTION 5, An amount not to exceed $11010400 is hereby allocated therefor from the "Orange Bowl Stadium Modernization Project Phase V, Project No. 4042517 SECTION 6. The City Manager is hereby authorized to execute and/or issue the necessary documents, in a form acceptable to the City Attorney, with the successful bidder(s) for the construction of said Project: PASSED AND ADOPTED this 12th day of May 1988. XAVIER L. SVREZ M A Y 0 R BUDGETARY REVIEW AND APPROVAL: 1*4 / / -MANORAR SUR DIRECTOR MANAGEMENT AN, DEPARTMENT PLANNING REVIEW AND APPROVAL: SERGIO RODRIGUEZ, DIRECTOR PLANNING DEPARTMENT PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY -3- FISCAL REVIEW AND APPROVAL: r) CAALQS� GARCIA, DIRECTOR FINAIME DEPARTMENT APPROVED AS TO FORM AND CORFLECT14QSS: LVCIA'A. DOUGHERTY &ITY ATTORNEY . A 1'tiaY— S—SS TUE i It i _25 PARKS PEIC . CITY Or MIAMI, RLORICA INTUR-OFFICE MEMORANDUM Tp Honorable Mayor and Members of the City Commission /ROM Cesar H. Odio • City Manager RECOMMENDATION: 43 P . o i DATE �� iW 4 1989 auuccT% Resolution for orange Bowl Modernization Project - Phase I Construction I12I1aRINCCes tHeLOSURVA. It is respectfully recommended that the City Commission adopt the attached resolution which waives formal competitive sealed kid procedures for construction of the "orange Bowl Modernization Project - Phase I" based on the City Manager's written finding that a valid public emergency exists justifying such waiver. The resolution also authorizes the City Manager to accept the lowest responsive and responsible bids utilizing informal bid processes, and allocates funds ir, the amount o: $!,910,009 frnin tbP newly created Capital Improvement Project (no. 404237) of the same name. BACKaROUNDs The Department of Parks, Recreation and Public: Facilities . has prepared the attached legislation. After three public meetings with the two major tenants of the Orange Bowl Stadium, the University of Miami (UM) and the Orange Bowl Committee (OBC), the City Manager has determined that there exists an emergency need to carry out a new project entitled the "Orange Bowl Modernization - Phase I". It was learned at these meetings that UM and OBC desire to enter into new long-term (15-year) agreements with the City, if the City will meet their stadium improvement and modernization demands, which are detailed in the attached project Outline. These tenants. require that the Phase I portion be completed no later than September 1, 1988 and that Phase II be completed by no later than September 1, 1989. The negotiation and execution of subsequent long term agreements with these tenants is conditioned upon the City's good faith effort to complete the project as devised. Failure of the City to comply would place undue and unnecessary financial hardship on the City with the absence of these tenants and subsequent, disastrous revenue loss. F38-424, MAN, - 3-99 TUr= 1 1 : 14 PAPK.S Rc P OS Honorable Mayor and Members pf the City Commission page 2 of 3 The City Commission has recognized the need for this emergency by its adoption of Resolution No. 88-339 on April 14, 1988. The architectural and engineering firm of Kunde, Yaskin, Sprecher and Associates has thus been engaged to prepare plane and specifications for Phase I. However, in order to begin Construction by June 1, a waiver of formal competitive sealed bid procedures is required. Due to existing time constraints, formal advertising, receipt of bids and award of contracts by the Commission are not practiceable. It is recommended that emergency procurement processes be implementer] in accordance with Sections 18-52.5 and 18-52.6 of the City Code. By adoption of the attached, the City Manager would be authorized to seek a minimum of three informal bide for each aspect of Phase I construction and award contracts and iesue purchase orders to the lowest responsive and responsible bidder. Funds in the amount os $1,010,060 are presently available for this project, as itemized in a companion item to this Resolution. Considerable precedent exists to justify the requested action. In a most recent City example, the Commission adopted Resolution No. 88-68 (January 14, 1988) which authorized the Manager to let informal bids for the contruction of Pier 3 repairs in Bicentennial park at a cost of $50,000. For a project of comparative scope, precedent is found in Metro -Dade County`s $2 million Lipton Tennis Center project. For this project the County Commission granted the Manager significant and flexible authority for the fast -track completion of the facility. County Resolution No. 891-86 (July 15, 1986) not only authorized the waiver of formal bids, it allowed the Manager and the Parke Department to utilize any qualified and available.contractore for the construction. The County Manager was also given complete authorizity to determine the financing for the project. 88-424 Z TO F1LE FROM Cesar H. Odlo City Manager CITY OF MIAM1. FLORIDA INTItft-OFFICE MEMORANCIUM DATE - PILE. SUBJECT ORANGE BOWL MODERNIZATION PROJECT/Emergency Waiver of Formal Competitive Bid Procedures for Consultant REFERENCES: v� ENCLOSURES. Based on demands made by the two major Orange Bowl Stadium tenants, the University of Miami and the Orange Bowl Committee, during three public meetings attended by these tenants, City staff and other interested parties on February 5, March 14 and March 25, 1988, I have determined that there exists a valid public emergency requiring the protection of the welfare and convenience of the City of Miami by means of a waiver of Formal Competitive Bid Procedures for construction of the subject project. Due to the September 1, 1988 deadline for completion of Phase I construction as mandated by said tenants, work must begin no later than June 1, 1988. This leaves insufficient time for formal advertisement, receipt of bids and award of contracts. It is more advantageous to the City to ut-ilize small purchase procedures, to receive informal bids, and have the City Manager make award(s) to the lowest responsive and responsible bidder(s). Additional justification for this finding of an emergency is based on the fact that existing contracts with said tenants will expire by 1991 and upon said tenants' position that negotiation and execution of subsequent long-term agreements are conditioned upon the City's good faith effort to meet such demands and complete the project as they require. Failure of the City to comply with said stadium improvement demands will jeopardize the long-term agreements and will result in a disastrous revenue loss to the Orange Bowl Stadium. K 88-424 ll MAY 3-e9 T'uE114 PKiRFCS RLC P . 04 •M r P. 0 J«98-8! 1/IZ/8S 1e ' 4k• RESOLUTION NO.�, A RESOLUTION WAIVING THE REQUIREMENTS FOR FQRMAL SEALED BIOS AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIBLE AND RESPONSIVE BIDS FOR THE PURCHASE AND INSTALLATION OF MOORING DOLPHINS IN COht1ECTION WITH "PIER 3 - MAJOR REPAIR", WITH MONIES THEREFOR ALLOCATED FROM THE PIER THREE - MAJOR REPAIR" ACCOUNT, PROJECT NO 413UIOO TO COVER THE CONTRACT COST; ADOPTING THE CITY MANAGER'S WRITTEN FINDINGS THAT A VALID EMERGENCY EXISTS; AND AUTHORIZING THE CITY MANAGER TO' EXECUTE CONTRACTS WITH SAID FIRMS. WHEREAS, the mooring dolphins at Pier 3 in BICENTENNIAL PARK have suffered severe, accidental damage caused by user vessels; and WHEREAS, this has created a s4tuation that is unsafe and dangerous for the public, and repairs must be made immediately; and WHEREAS, the Director of the Department of Public works has determinea that the fastest and most effective way to remedy the situation is to let out a contract for the purchase of the concrete mooring dolphins and another contract for the installation of the same; and WHEREAS, the Capital Improvements Appropriation Ordinance No. 10347, as amended, was adopted on October 22, 1487, and monies are available for the proposed amount of the contracts, project expense, and incidentals from the account entitled "Pier 3 - Major Repair", Project No. 413010 in said ordinance; and WHEREAS, the City Manager has made a written finding that the use of the competitive sealed bidding method for the award of the herein procurement contracts is not practicable or advantageous, due to the fact that the fifteen (15) day bidding time required by the City Code imposes a serious constraint on the correction of the situation at Bicentennial Park; and WHEREAS, the City Commission, after a properly advertised public hearing, accepts and ratifies the City Manager's above f i nd i n y, CITY .COMMISSION t1ECTING OF 88-424 .IeN 14 iqR91_y • PrSOLUTION NO. w�� t 11 s MAY- 3-es TiJE'"**ii it; pAkKS REc.") P i3 NOWj tHEREFORE, BE IT RESOLVED BY. THE COMMISSION OF- THE 0TY OF MtAMIv FLORIDA: Settion t. .The findings set forth in the preamblo to this Resolution are 'hereby adopted as it fully set forth in this SaCtiOn• Section Y. The requirement for formal competitive seated bids for the "Pier 3 - Major Repair" is hereby waived by a four - fifths vote of the members of the City Commission, Section 3. The amount of $50,000 is hereby allocated from the account entitled "Pier 3 - Major Repair", Project No. 413010 to Cover the cost of said contract. Section 4. The City Manager is .hereby authorized to enter into contracts on behalf of the City of Miami with the lowest responsible and responsive bidders for the purchase and installation of concrete mooring doaphins for "Pier 3 - Major Repair". PASSED AND ADOPTED this 14_thda,V of January , 1988. ATTEST: A H , RK PREPARED AND APPROVED BY: CHIEF DEPUTY CITY ATTORNEY APPRO^O AS TO FORM AND CORRECTNESS: C1TY "ATTORNEY A A T U R BUDGETARY REVIEW: ice,-- . • . MANAGEMENT,c,A48UDGET CAPITAL PROJECT: Z1,4 9�_ uu OR OF PLANNING -2- f3S-42�� • ,OWN ,.N mf4y-- 3-9S TUM 1 1 : 1 5 PARKS REC . 9 WR 21 ' E03 10* 51 K11LE, rPfkEC1- R & 'tFr :lli MEMORANDUM roe aa�+ty �� rerat•t�a =O Honorable Mayor and Members Board of Count issioners room Sergio Pereira County Manage L RJCOMMENDAT_ QN F . o f& F5.21119 Item No. 5 DATU July ls, 1986 suejec♦ Lipton International Players champion- ships and Construe- tio" site it is recommended that Metropolitan Dade county enter into agreements with Arvida International Championships, Inc. and the International Pryers Championships, Inc. (IPC) to create a major tennis complex at a site in Crandon Park on Key Biscayne and to host the tennis tournament currently known as "LIPTON INTERNATIONAL PLAYERS CHAMPIONSHIPS." It is also recommended that the Manager be given authorization to expend up to $20000,000 from capital funds to vo"atru t the new tennis complex. The source of this funding, to be deter- mined based on the most cost -beneficial method at the time of financing, will be from either: 1) available capital cons- truction monies; 2) a pledge of available capital construction monies for a private placement debt obligation with a local financial institution: or 3) substituting a legally available non -ad valorem pledge for a private placement debt obligation. Finally, it is recommended that complete consulting, planning and construction bid waivers be granted for the construction of the project and that the Metropolitan Dade County Park and Recreation Department under county supervision, build the tennis complex using any qualified and available contractors, consultants and subcontractors. �:. c • ilr The 1142PTON'International Players Championships" is one of the four top professional tennis tournaments in the world. Currently Arvida International Championships, Inc. has a sublicense from International Players Championships, Inc. to operate the tournament for two more years. After that period, Lipton International. Players Championships, Inc. has a license to operate the tournament for the eleven years thereafter. The Lipton International Players Championship debuted in 1983 with a five-year plan: The creation and foundation of the tournament would be followed by strengthening and polishing it, refining the organization, achie dre tans•, and reaching the goal of growing int.,d.fi � i911TRN JUL Z 4 )9r, KOW01, SPRWItR, VASKM R A160t, INC. JMIAM1 61FICI 88-424 (.:, 1 W MFiY- 3-es Tug 1 1. 1 E P"F'KS PEC . R . 0 ? wR ai 'ev f0=52 vuirC.SPPECkCR R YASKIH P.3•,19 Honorable Mayor and Members JUIV 10, 1985 page a In 19860 the elements were set for the strengthening and refininq stages $1..8 million in prize money, approximately 200,000 spectators, a► staff of employees and volunteers numbering nearly 900, major corporate sponsors, over 18 hours of television coverage on 5 continents and 27 countries, and a field of men and women players considered to be among the atrongest in the world. The Lipton International players Championships is the fourth - richest event in the world, trailing only Wimbledon, the U.S. open and the French open. it is also the only new two week 256 player event to be sanctioned in the past 50 years. Because of the quality of this event and since it attracts the top men and Women professional tennis players of the world, Crandon Park on Key Biscayne is a perfect location. The site proposed is the development of the Crandon park dump area. All preliminary reviews of feasibility have been made by County departments, including DERM. Permits may be obtained with no anticipated problems. It is proposed that 15 tennis courts be constructed and that the area of the complex be beautifully landscaped. Further phases will be discussed after evaluating the demand for the tennis facility and the success of the tournament. Future plans also call for a stadium, clubhouse, and amenities and is intended to be funded by a combination of participants. Should the tournament move, all capital improvements would, of course, continue to be the property of the county. Advantages to the County includes 1• The development of a world class tennis complex an Key Discayne. 2. The hosting of one of the top tour tennis tournaments in the world. 3. The expansion of public tennis courts on Key /. Biscayne. 4. The further development of Crandon Park for public recreational use and enjoyment. 5. No general fund revenues will be needed to develop or operate the new area of Crandon. Park. operations for the tennis complex will be performed by the County during non -tournament times, as it does nine other tennis centers. No operational deficits for the year-round public tennis complex are anticipated. 88-424 1 MAY- 3 -13e TIDE i i : i S PARKS REC. P E3%=_1 FPR 21 '88 f 0: S3 k1_41rtE. SPFRECHER & YASKZN A..1,,;�► Honarable Mayor and Members July 10, 1986 Rage 3 involvement meetings have been held with the Key Biscayne Tennis Association, Golf Association, Chamber of Commerce, and Tax payers Association all of which supported the proposal at public meetings held on June 10, 1986 and June 30, 1986. The Key Biscayne Tennis Association may want to become more involved with the complex in time. The department has promised to protect their assets and operational services. The Tennis Association now has ten tennis courts, of which eight are clay and two are hard surfaced. if the new tennis complex has clay courts as a part of future expansion, the Tennis Association may relocate. The actual lease agreements with Arvida Ynternational champion- ships (AIC) and International Players Championships (IPC) are very advantageous to the County. The County's contribution is essentially to construct the tennis complex at an estimated cost of $2,000,000. AIC and iPC are responsible for financing all tournament operating expenses and are responsible for any operating losses. The County receivess (a) parking revenues! (b) a base rental-payment;_and•(c1-An aspalatinq percentage of gross ticket sales and concessions with the XPC Agreement. The risk to the County is also considered minimal. The agreements contain a payback clause wherein the County will be reimbursed decreasing portions of the $2,000,000 capital contribution if tho tournament is not held for a minimum of four years. Flexibility on the source of funding for the t2,000,000 to construct the tennis complex in requested. Dependent upon interest rate changes during late summer, it may be advanta- geous to finance the construction through a private placement debt obligation. If interest rates trend upwards it will be more cost effective to utiliis existing and available capital improvement construction monies. A bid waiver for construction is in the best interests of the County. Two separate construction estimates were made, one by the County and a separate one by the Tournament Committee. Both indicated that a $2,000,000 budget would meet the cost of the first phase. if the project were bid, time delays would result and make completion for the January 1, 1987 tournament date unobtainable and force the cancellation of the entire project. .7 88-424. F t'16:4Y- S-SIB Tt�t'"" i i = i 7 PARKS P_EC APA 91 ' 80 10 t 34 ► L1'1 C ► "E:CHrR & YASY: t N U$OLUTION NO. P . 09 P.S.-to Agtnda 'item No. 5 ( f) (20) 7-1S-96 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH AKVIDA INTERNATIONAL CHAMPIONSHIPS, INC. AND OF AGREEMENT WITH INTERNATIONAL PLAYERS CHAMPIONSHIPS, INC. FOR LXPTON INTERNATIONAL PLAYERS CHAMPIONSHIP TENNIS TOURNAMENT AT CRANDON PARK; AUTHORIZING COUNTY MANAGER TO EXERCISE CANCELLATION PROVISIONS CONTAINED THEREINt AUTHORIZING BID WAIVER FOR CONSTRICTION OF 15 TENNIS COURTS WITH LANDSCAPING AT OLD CRANDON PARK DUMP SITE AND AUTHORIZING BID WAIVER FOR HIRING OF NECESSARY CONSULTANTS IN CONNECTION WITH CONSTRUCTION, ALL IN AN AMOUNT NOT TO EXCEED $2 MILLIONt AND AUTHORIZING COUNTY MANAGER TO SECURE rINANCING FOR DESIGN AND CONSTRUCTION IN AN AMOUNT NOT TO EXCEED *2 MILLION WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEMFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board authorizes the execution of an agreement with Arvida International Championships, Inc. and of agreement with International Players Championships, Inc. for Lipton International Players championship Tennis Tournament at Crandon park in substantially the forms attached hereto; authorizes the County Manager to exercise cancellation provisions contained therein; that this Board finds that it is in the best interests of the County to waive formal bid procedures, formal bidding being waived in this instance pursuant to Section 4.03 (D) of the Home Rule Charter by two-thirds (2/3) vote of the Board members present for construction of 15 tennis courts with landscaping at the old Crandon Park dump site and authorizes bid waiver for the hiring of necessary consultants in connection with the construction, all in an amount not to exceed $2 million; and authorizes the County Manager to secure financing for the design and construction in an amount not to exceed 62 million. 88-424 t r' rya •- 3-=8f�t Tu .i i : i far ►c - P i L+ f ii Ajohda lteM No. Sttj (26) i' The totegbAhl resblutift was offered by Commissioner who moved its adapt,i do ii The moti6n wAs seconded by Commissioner , and upon being put to a vote, the vote was as followoe Barbara M. Carey Clara Oesterle Beverly 8. Phillips James r. Redford, Jr. Harvey Ruvin Barry 0. Schreiber Jorge E. Valdes SherMan S. Winn etephen P. Clark The Mayor thereupon declared the resolution duly passed and adopted this 15th day of July 1906. DADE COUNTY, FWRTDA BY ITS eoARD or COUNTY COMMISSIONERS RICHARD P. DRINKER, CtERR 4. By Deputy Clerk Approved by County Attorney as to torn and legal sufficiency. 2 �: we►11 A.� nR=:TMil q.Ff/►. _ifA.1R !.r'• 1�is0. P A�i Xi..