HomeMy WebLinkAboutR-80-0021'or
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1/8/80
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
A CONTRACT WITH MIAMI CENTER ASSOCIATES, INC., FOR THE
TURNKEY DESIGN AND CONSTRUCTION OF A PARKING GARAGE, IN
ACCORDANCE WITH THE ATTACHED SCOPE OF THE WORK TO BE
PERFORMED, WHICH IS NOT TO EXCEED 15'MILLION DOLLARS, AND
PROVIDING FOR APPROPRIATE COST SAFEGUARDS: USING FUNDS
TO BE ALLOCATED FROM THE PARKING GARAGE/WORLD TRADE
CENTER URBAN DEVELOPMENT ACTION GRANT (UDAG), CONVENTION
CENTER -PARKING GARAGE REVENUE BOND FUNDS AND CERTAIN
OTHER FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO
ENGAGE PROFESSIONAL INDEPENDENT QUANTITY SURVEYORS TO
DETERMINE APPROXIMATE COSTS FOR THE DESIGN AND CON-
STRUCTION OF SAID GARAGE, WITH THE FUNDS FOR SAID
SERVICES THAT ARE AVAILABLE IN EXISTING CONFERENCE
CONVENTION CENTER FUND; THE CITY'S OBLIGATIONS UNDER
SAID AGREEMENTS BEING SUBJECT TO AND CONTINGENT UPON
THE AVAILABILITY OF SAID'UDAG FUNDS AND CONVENTION
CENTER -PARKING GARAGE REVENUE BOND FUNDS; SAID AGREE-
MENTS BEING SUBJECT TO APPROVAL BY THE CITY COMMISSION.
0-2Y
WHEREAS, the City of Miami has previously entered into Agreements with
both the University of Miami and Miami Center Associates, Ltd., calling for
the construction of a Conference and Convention Center and an adjacent park-
ing garage; and
WHEREAS, the City, by virtue of said Agreements, is obligated to cause
construction of the parking garage not later than October 31, 1981, in accord-
ance with the aforementioned Agreements; and
WHEREAS, the aforesaid Agreement with the University of Miami provided,
inter alia, that the University should make available $2,500,000 to the City
as advance rent for a conference center to be constructed as an integral part
of the Conference and Convention Center on the condition that the City also
cause to be constructed a luxury hotel and a parking garage with an approximate
one thousand car capacity to be operated in conjunction with and as an`in-
trinsic part of the aforesaid center; and "DOCUMENT INDEX
WHEREAS, the City, by a request
for proposals, on e ruary
NO. .;
It
7, and
by notice published in both the Miami Herald and the Miami News on June 13,
1977, invited proposals from developers experienced in the area of Mixed Use
Development Projects and in the operation of commercial facilities within
them and essential to the successful operation of such projects; and
WHEREAS, pursuant to such request and invitation for proposals, proposals,
were submitted by interested developers; and
CITY COMMISSION
MEETING OF
J A N 1 0 1'�';@
aoumoN No 8 0 - 2
WHEREAS, the City's request for proposals required each of the competing
developers to set forth a comprehensive statement of that developer's property
ownership, project history, financial worth and intended funding sources,
and other information; and
WHEREAS, the City's request for proposals required each of the developers
to furnish the City with details concerning his ability to finance the project,
his ability to organize the various facilities of the Mixed Use Project, and
his comprehensive plan for design, construction, operations and management;
and
WHEREAS, each of the developers was required to express his interest
in developing both Phase A and Phase B of the project (which included con—
struction of the parking garage), including his timetable for development
and any other conditions that he felt the City ought to consider in evaluating
his proposal; and
WHEREAS, the Commission of. the City, by Resolution Number 78-74 adopted
on January 24, 1978, accepted the proposal submitted by WORSHAM BROTHERS AND
COMPANY and TURNER DEVELOPMENT COMPANY ("Developer") for development of Phase.
A, which proposal was conditioned upon their right to develop Phase B; and
WHEREAS, the proposal submitted by the Developer and approved by the.
City Commission set forth detailed information on the methods to be used in
developing. Phase
ference center
A of the project, which consisted of a convention and con —
and a hotel to be erected in airspace above such convention
and conference center; and
WHEREAS, the proposal submitted by the Developer recited that the
Developer viewed Phase B as an integral and vitally important part of the
eventual total functional development of the project,. and further that it
conditioned its proposal on the right to develop Phase B; that portion of
its proposal which related to Phase B was otherwise sparse and incomplete
but recited that the detailed provisions relating to the development of. Phase
B would be spelled out in a subsequent agreement to be entered into between
the Developer and
WHEREAS, the
aware of the time
the City of Miami; and
City Manager and the members of this Commission are keenly
limitations required by the Agreements which the City has
entered into and which require the construction of both the conference and
convention center and the parking garage by certain fixed times; and
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80-21
WHEREAS, the City Manager is anxious to place before this City Commission
a more detailed form of contract proposal with the aforesaid Developer with
regard to Phase B; and
WHEREAS, a more detailed form of contract between the City and the
aforesaid Developer was called for by the proposal submitted by the Developer
and accepted by the City Commission; and
WHEREAS, the immediate construction of the parking garage is essential
and necessary for the protection of the interests of the citizens of the City
of Miami; and
WHEREAS, the City Manager recommends that a turnkey contract concept be
utilized in order to insure complete integration and continuity during the
construction of the overall project; and
WHEREAS, it is in the best interests of the City that the City Manager
expeditiously prepare a contract that spells out all details with regard to
the construction of that portion of the project comprising Phase B and that
he place such contract before this Commission immediately upon its being
drafted for consideration and approval or modification;
NOW, THEREFORE, BF IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, as follows:
Section 1. The City Manager is hereby authorized to negotiate a form
of contract with Miami Center Associates, Inc., a corporate affiliate of the
Developer, for the turnkey design and construction of a parking garage in
accord with the attached scope of work, which contract shall not exceed
$15,000,000, shall provide for appropriate cost safeguards, and shall be paid
with funds to be allocated from the Parking Garage/World Trade Center Urban
Development Action Grant (UDAG), Convention Center -Parking Garage Revenue
Bond Funds and other available funds.
Section 2. The City Manager is hereby authorized to engage professional
independent Quantity. Surveyors (appraisers) to determine approximate costs
for the design and construction of said parking garage, the costs of which
services shall be paid with funds from existing Conference/Convention Center
Capital Improvement Funds.
Section 3.
The City's obligations under the aforesaid Agreements re—
ferred to in Sections 1 and 2 above shall be subject to and contingent upon
the availability of anticipated Conference Convention Center Revenue Bonds
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80-21
and UDAG funds, except that the City Manager is authorized to pay for pre—
liminary design work an amount not to exceed $50,000 to be paid with funds
from existing Conference/Convention Center Capital Improvement Funds.
Section 4. Said Agreements referred to in Sections 1 and 2 above are
subject to approval by the City Commission.
PASSED AND ADOPTED this 10 day of January , 1980.
PREPARED AND APPROVED BY:
£Af\..,.
TERRY V. fPERCY 1
ASSISTANT CITY ATTORNEY
RGE F. KN
ATTORNEY
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
t"Qt ! Dr.., ' r.?"i 4\�/r-
T
FOLLOWts
4
80-21
SCOPE OF WORK
1. All required design work and complete working drawings and specifications.
2. Foundations for the Garage as well as the World Trade Center Tower.
3. Concrete structure with concrete columns, beams and slabs capable of
supporting the World Trade Center Tower.
4. Concrete slab -on -grade at ground level, plus applicable enclosures.
5. Painted concrete masonry or drywall stair and elevator enclosures.
6. Painted stairs.
7. All operating equipment such as entry gates, exit control devices, etc.
8. Wheel stops and guard rails as required by Code.
9. Stripping and directional arrows and lines.
.10. All decks will be water tight in accordance with applicable specifications.
11. Performance and Payment Bond.
12. Builder's Risk Insurance.
13. Building Permit.
14. All necessary labor andmaterials to provide required electrical services,.
including lighting, communication, fire alarm, hi -rise life safety, etc.
15. All necessary labor and materials to provide required storm drainage
system.
16. A complete fire sprinkler system designed in accordance with applicable
Codes.
"SUPPORTIVE
DOCUMFNIS �.
FOLLOW"
80-21
Joseph,R Grassie January 8,1980
City Manager
I /
FROM .. l
,-Vincent E.j' Grimm, Jr. /•)
' Assistant .Ctty'Manager //
Conference/Convention Center
Turnkey Agreement
The agreement between the Miami Center Associates and -the --City
of Miami requires the City to have completed a parking-
garage
at the "same time as the. Conference Center is completed in:Octo
ber 1981. Recently, the City was successful in receiving word
that the City's:application for a UDAG grant in conjunction with`.
the World Trade Cen"ter had been accepted.
As part of the proposals received by theCity for the Conference
Convention Center was the stipulation that the successful bidder
would have the right of first refusal for the development of the
parking garage site. It is essential that the development of a
parking garage for the Conference/Convention Center be coordinated
with the development of the World Trade Center. Tht best way to
accomplish this coordination is to have the developer responsible
for the entire project. This responsibility then places the
burden on the developer to complete the parking garage within
the time frames obligated by the City, and certainly. will place
him in an awkward position to bring a;ny:legal'action against the
City should the developer fail to Perform.
If everything goes according to plan, the City Should have com-
pleted bond validation process and the sale of bonds by the end
of March'. Were we to wait until this time before we authorize
the developer to proceed with the, preparation of:plans for the
parking garage, we would not be able to complete the plans and
the construction in time for the: October 1981 deadline.. By
authorizing you to proceed at this time, -,"we gain three months
time to complete enough plans to formalize and verify costs and:
time to complete the processing of the UDAG grant so that we can
move forward with construction earlythis year.
Attached is a memorandum from the firm of Fine, Jacobson, Block,
Klein & Colan whichaddresses itself more specifically to; the
legal authority of the City to enter into a:turnkey agreement.:.
I feel it is important to stress:that the resolution that is being'
adopted by the Commission simply gives you the authority to develop
a turnkey agreement for subsequent Commission approval,, and 'also
gives you the authority to expend funds for the development of
more detailed preliminary plans and estimates.
cc: James Connolly.
Allan Poms
"SUPPORTIVE
DOCUMENT
.FOLLOW"
80-21
THE CITY COMMISSIONERS AND
MIAMI
FROM: FINE JACOBSON BLOCK KLEIN COLAN &.SIMON, P.A.
FOR MIAMI CENTER ASSOCIATES, INC.
RE: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CON-
STRUCTION CONTRACT NEGOTIATIONS WITH MIAMI CENTER ASSOCIATES,
INC. FOR THE TURNKEY DESIGN AND CONSTRUCTION OF A PARKING.
GARAGE FOR THE CONFERENCE CONVENTION CENTER
DATE: JANUARY 7, 1980
In a discussion with the City Manager on.Thursday, January
3, 1980, he asked for a memorandum on the legal basis for a proposed re
solution by which theCommissionwould authorize the City Manager to enter
into preliminary contract negotiations with Miami Center Associates, Inc.
Such negotiations would' ultimately lead to a contract in which that -firm
would undertake to provide the turnkey design -and construction of a parking,.
garage adjacent to the Conference/Convention Center. Since then, a, proposed
resolution has been drafted which: recites in some detail the history.of the
City's relationship with Miami Center Associates, Inc. This memorandum
endeavors to sumarize the legal justification for'the proposed resolution..
You will recall that the City requested proposals for the
project both by specific invitation to certain selected developers and
also by press notice to any interested developers during the. first half of
1977. The request sought,proposals from developers experienced in the area
of Mixed Use Development Projects,, i.e., projects involving facilities to be
used both for public or non-conurrcial purposes and also for proprietary
purposes, and in the operation of the facilities within the project on a"sound
fiscal basis. The instructions in the request for proposals asked each
bidder -developer to furnish in his proposal a statement of his ability to
finance the project including his funding sources, his ability to organize
the various facilities to be constructed in the Mixed Use Project „ and his
corrprehensive plan for:the design, construction, operation and management
of the entire complex.
In response to the request five comprehensive proposals for
the development of the project were submitted. These were'evaluated after'
careful study in a competitive selection process.
D C
FOLLOW"
FINE JACOBSON BLOCK KLEIN & COLAN, P.
80-21
Page 2
Memorandum
The City Commissioners and City Manager of
The City of Miami
January 7, 1980
Thereafter the City,Commission in January, 1978, expressed
a preference for the proposal submitted by, a predecessor of Miami Center
Associates, Inc, and accepted that proposal through Resolution
You will recall that the successful proposal set forth
fairly detailed information on the methods to be used in developing
Phase A of the project. This phase comprises the convention and con-
ference center and the hotel to be erected in the air space above it. The
proposal was not detailed with regard to Phase B of the project, which
consists of a parking garage and an international trade center to be con-
structed in the air space above the garage. This was in accordance with
the City's request for proposals which merely asked that developers express
their interest in developing Phase B. The proposal submitted by the pre
decessor to Miami Center Associates, Inc. recited that it viewed Phase B
as an integral and vitally important part of the eventual total development,
that it conditioned its proposal for the entire project on its right to
ultimately develop Phase B, and stated that a detailed and comprehensive
plan for the development of Phase B would be set out in a subsequent agree
ment to be entered into by the. City of Miami and itself.
The purpose of the resolution being placed before, you is to
authorize the initial steps necessary to implement the Phase B portion,of the
plan. There are no detailed provisions relating to the development of
Phase B that have been agreed upon or stated in written form in any memoran
dum The resolution before you does not directly or by implication authorize
the Manager to enter into any form of contract with the developer, but merely
permits him to enter into negotiations that would hopefully lead to the
ultimate formation:of such a contract. That contract would not and could
not be entered into legally:without first being placed before the City
Commission for examination and approval.
One other feature of the proposed resolution should be men
tinned, and that involves the Manager's authorization to engage independent:
Quantity Surveyors (appraisers) to determine the approximate costs that will.
be incurred for the design and construction of the parking garage. Such a
determination of the approximate construction costs should give the City and
its taxpayers a substantial measure of protection.
In our opinion the City is legally empowered to-enter,the
resulting turnkey contract (assuming its terms are otherwise acceptable to
the Commission) because the contract is one for professional services (and
the Commission ought so to find) not requiring competitive bids and in any
event, the proposal for the entire project (Phases A and i3) submitted:by:::
Miami Center Associates, Inc. was chosen through a competitive selection
process akin to that prescribed for the State of Florida in Section 287.55, F.S.
80- 21
FINE JACOBSON BLOCK KLEIN & COLAN, P. A ,•C1'�'"✓I',"-- '.1.4 ;.�;'YL/J�r7