The URL can be used to link to this page

Home My WebLink AboutR-09-0131Vop City of Miami Legislation < U R �O Resolution: R-09-0131 File Number: 09-00133 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/19/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING BYA FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE OF THE CITY COMMISSION, COMPETITIVE SELECTION (COMPETITIVE SEALED BIDDING) FOR THE PUBLIC INFRASTRUCTURE WORK ASSOCIATED WITH THE PROPOSED FLORIDA MARLINS BALLPARK ("THE PUBLIC INFRASTRUCTURE WORK") AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI IN ACCORDANCE WITH SECTION 18-85( A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER AUTHORIZING THE AWARD OF THE PUBLIC INFRASTRUCTURE WORK, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, BY A FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE, TO HUNT/MOSS, A JOINT VENTURE, AS CONSTRUCTION MANAGER/CONTRACTOR, BASED UPON THE CRITERIAAND PROCEDURES SET FORTH IN SECTION 18-85(A) AND OTHER SECTIONS OF THE CITY CODE, AND THE ATTACHED WRITTEN FINDINGS AND RECOMMENDATIONS FROM THE CITY MANAGER AND THE ARCHITECT/ ENGINEER OF RECORD, RESPECTIVELY. WHEREAS, the City of Miami ("City"), Miami -Dade County ("County") and the Florida Marlins, LP ("Team") executed a Baseball Stadium Agreement ("BSA") on March 3, 2008, outlining the general terms and conditions under which the parties would design, develop, construct and operate a Major League Baseball Stadium ("Baseball Stadium") and related parking facilities on the former Orange Bowl site; and WHEREAS, the development of the Baseball Stadium requires certain public infrastructure work associated with the proposed Florida Marlins Ballpark ("Public Infrastructure Work") that is estimated to cost $24,000,000, and is to be funded by the County and the City pursuant to the terms of the Construction Administration Agreement; and WHEREAS, Section 18-85 (a) of the Code of the City of Miami, Florida, as amended ("City Code"), being a section of the City of Miami ("City") Procurement Ordinance, generally requires sealed bidding of the Public Infrastructure Work but allows and expressly provides for a waiver of competitive sealed bidding by a four-fifths (4/5 ths) vote of the City Commission where the City Manager has made a written finding, presented to the City Commission, that competitive sealed bidding should be waived because it is not practicable or advantageous to the City; and WHEREAS, the City Manager has made such a written finding which is an attachment to this Resolution and is incorporated by reference herein where the City Manager concludes, that competitive sealed bidding is not practicable or advantageous for the City because Hunt/Moss, a joint venture ("Hunt/Moss") is to be engaged by the Developer to perform construction management/general contracting services for the Baseball Stadium and is, additionally, to be situated on site at the location of the proposed Baseball Stadium for allied and related duties; and City of Miand Page I of 3 File Id. 09-00133 (Version: 1) Printed On: 6/2/2017 File Number: 09-00133 Enactment Number: R-09-0131 WHEREAS, the City Commission, pursuant to Section 18-85(a) of the City Code has considered the City Manager's written findings which set forth the reasons that competitive bidding is not practicable or is not advantageous to the City in this instance and that the Public Infrastructure Work for the Baseball Stadium be awarded to Hunt/Moss per the criteria and procedures set forth in the City Procurement Ordinance which procedures may include, without limitation, contracts with other governmental agencies under Section 18-112 of the City Code, as the Baseball Stadium is a joint venture with the County, and co-operative purchasing under Section 18-112 of the City Code which involves cooperative purchasing of goods and services; and WHEREAS, the City Commission in approving, by a four-fifths (4/5 ths) affirmative vote that it is in the public's best interest to not apply the competitive selection or award procedures set forth in §255.20, Florida Statutes to this Public Infrastructure Work, has considered the February 2, 2009, letter from HOK Sport, Inc., ("HOK"), the architect of record for the Baseball Stadium, which is an attachment to this Resolution and expressly incorporated by reference herein, and part of the project file, has relied upon the recommendation from HOK that the Public Infrastructure Work be awarded to Hunt/Moss without competitive selection based on the reasons given to justify this decision and documented in this HOK letter; and WHEREAS, the City Commission, after conducting a noticed public hearing, finds that it is in the public best interest that Hunt/ Moss perform the Public Infrastructure Work as stated in the Construction Administration Agreement, under the criteria and procedures referenced herein which are set forth in the City Code because the City Commission finds that: ( i) Hunt/Moss, a licensed contractor has been selected as the construction manager/contractor for the Baseball Stadium and, as such, is uniquely qualified to assure that the Public Infrastructure Work is interrelated with the Baseball Stadium work, which is critical due to scheduling, priority of use of areas and construction, efficiencies in project staffing, coordination of procurement timing and strategy, consistency of materials, scheduling, workmanship and safety standards (ii) Communications between trades working on the Baseball Stadium and Public Infrastructure Work will better co-ordinate scheduling issues and avoid scheduling conflicts, priority of lay down areas, other site logistics, and timing of deliveries, all resulting in greater adherence to efficiency and substantial completion schedules for both projects; (iii) Hunt/Moss is already familiar with site conditions, the local labor market, and other factors affecting construction costs thus increasing the likelihood of a guaranteed maximum price ("GMP") which is within the project budget and reducing project costs; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager's written findings that competitive bidding is not practicable or advantageous are accepted and competitive sealed bidding is waived according to the applicable City of Miand Page 2 of 3 File Id. 09-00133 (Version: 1) Printed On: 6/2/2017 File Number: 09-00133 Enactment Number: R-09-0131 procedures in the City Code referenced herein by a four-fifths (4/5 ths) affirmative vote, thereby allowing Hunt/Moss to perform the Public Infrastructure Work as stated in the Construction Administration Agreement. Section 3. The written recommendation, of the Architect of record, HOK, that the Public Infrastructure Work be awarded to Hunt/Moss as a private sector contractor without competitive selection and award procedures is hereby approved and the City Commission finds, by a four-fifths (4/5 ths) affirmative vote that the procedures (other than competitive selection/ award) in the City Code be applied to engage Hunt/Moss because Hunt/Moss is the only uniquely qualified licensed contractor to perform this work and the time to competitively award the Public Infrastructure Work will materially increase its cost. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1 } Footnotes: {1} 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. City of Miami Page 3 of 3 File Id. 09-00133 (Version: 1) Panted On: 6/2/2017