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Home My WebLink AboutR-09-0170Vop City of Miami Legislation < U R �O Resolution: R-09-0170 File Number: 09-00287 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/2/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING COMPETITIVE SELECTION (COMPETITIVE SEALED BIDDING) FOR IMPROVEMENTS AT BAYFRONT PARK, SPECIFICALLY, ADDITIONAL RESTROOM CAPACITY, A GENERATOR, SITE LIGHTING AND A FIRE ALARM SYSTEM REQUIRED BY THE CITY OF MIAMI BUILDING DEPARTMENT FOR THE RENOVATION OF THE BAYFRONT PARK AMPHITHEATER (THE "AMPHITHEATER IMPROVEMENTS"), AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; FURTHER AUTHORIZING BY FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, THE AWARD OF THE AMPHITHEATER IMPROVEMENTS TO HITT CONTRACTING, INC., 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 CITY MANAGER'S WRITTEN FINDINGS, ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $500,000, FROM THE BAYFRONT PARK CAPITAL IMPROVEMENT BUDGET FOR PAYMENT OF THE AMPHITHEATER IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI, THE BAYFRONT PARK MANAGEMENT TRUST AND LIVE NATION WORLDWIDE, INC., FOR THE MANAGEMENTAND OPERATION OF THE BAYFRONT PARK AMPHITHEATER. WHEREAS, the Bayfront Park Management Trust ("Trust") was created by the Miami City Commission to direct, operate, manage and maintain all aspects of Bayfront and Bicentennial Parks to ensure maximum community participation; and WHEREAS, on September 10, 2008, the City of Miami ("City"), the Trust and Live Nation Worldwide, Inc. ("Live Nation"), executed an agreement (the "Management Agreement"), for the purpose of managing and operating the Bayfront Park Amphitheater, requiring Live Nation to perform several Upgrades to the Bayfront Park Amphitheater; and WHEREAS, during the permitting process for the Upgrades, the City of Miami Building Department determined that additional restroom capacity and improved life safety equipment were required at the Bayfront Park Amphitheater ("Amphitheater Improvements"); and City of Miand Page 1 of 4 File Id. 09-00287 (Version: 1) Printed On: 6/5/2017 File Number: 09-00287 Enactment Number: R-09-0170 WHEREAS, the Management Agreement contemplates that Live Nation will provide temporary day -of -show restrooms to augment the existing on-site facilities; and WHEREAS, the Management Agreement also includes language that requires Live Nation to accept the Bayfront Park Amphitheater as -is, where -is and with all faults, except for violations of Governmental Requirements and defects existent as of the Occupation Date; and WHEREAS, the Amphitheater Improvements are governmental requirements, excluded from the requirements of Live Nation's acceptance of the "as -is" condition of the Bayfront Park Amphitheater contained in the Management Agreement; and WHEREAS, pursuant to the Management Agreement, Live Nation agreed to "expend not less than $2,000,000, including both hard and soft costs," for the renovation of the Bayfront Park Amphitheater; and WHEREAS, on March 10, 2009, at a Special Meeting, the Trust adopted Resolution No. 09-006, allocating from the Bayfront Park Capital Improvement Budget an amount not to exceed $500,000, for the Amphitheater Improvements, more specifically for additional restroom capacity, a generator, site lighting and a fire alarm system; and WHEREAS, at the same Special Meeting, Live Nation representatives confirmed that any additional costs for the Upgrades above the $2,000,000, which Live Nation is contractually required to complete would be paid for by Live Nation, without requesting additional funding from the City or the Trust; 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 Procurement Ordinance, generally requires sealed bidding of the Amphitheater Improvements 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 Live Nation has engaged HITT Contracting, Inc., to perform the Upgrades and HITT Contracting, Inc. will be situated on site at the location of the proposed Amphitheater Improvements; and WHEREAS, the Trust requests a waiver of sealed competitive bids for the Amphitheater Improvements to the Bayfront Park Amphitheater, to be done by Live Nation's contractor with funds coming from the Trust's capital budget; and the reason for the bid waiver is to allow, HITT Contracting, Inc., the contractor with whom Live Nation is already working to undertake the work, so that it may be completed in a timely and efficient manner, which is most practical and advantageous to the City and the Trust; and WHEREAS, the City Commission, after conducting a noticed public hearing, finds that it is in the public's best interest that HITT Contracting, Inc. perform the Amphitheater Improvements, as the City Commission finds that: City of Miand Page 2 of 4 File Id. 09-00287 (Version: 1) Printed On: 6/5/2017 File Number: 09-00287 Enactment Nilnaber: R-09-0170 (i) Live Nation selected HITT Contracting, Inc, a licensed contractor as the contractor for the Upgrades and, as such, is uniquely qualified to assure that the Amphitheater Improvements is performed along with the Upgrades, which is critical due to scheduling, priority of use of areas and construction, efficiencies in staffing, consistency of materials, scheduling, workmanship and safety standards; and (ii) Communications between trades working on the Upgrades and Amphitheater Improvements will better coordinate scheduling issues and avoid scheduling conflicts, resulting in greater adherence to efficiency and completion schedules for both projects; and (iii) HITT Contracting, Inc. is already familiar with site conditions, the local labor market, and other factors affecting construction costs, thus increasing the likelihood of the Amphitheater Improvements being performed within budget and reducing project costs; WHEREAS, the parties now wish to amend the Management Agreement to address the construction of the Amphitheater Improvements; 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. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendations and findings, pursuant to Section 18-85(a) of the City Code, waiving competitive selection (competitive sealed bidding), as not being practicable or advantageous to the City of Miami, for improvements at Bayfront Park, specifically, additional restroom capacity, a generator, site lighting and a fire alarm system required by the City of Miami Building Department for the renovation of the Amphitheater Improvements, are ratified, approved and confirmed. Section 3. By a four-fifths (4/5ths) affirmative vote, pursuant to Section 255.20, Florida Statutes, the award of the Amphitheater Improvements to HITT Contracting, Inc., as construction manager/contractor, based upon the criteria and procedures set forth in Section 18-85(a) and other sections of the City Code, and the City Manager's written findings, attached and incorporated, in the amount not to exceed $500,000, is authorized, with funds from the Bayfront Park Capital Improvement Budget, for payment of the Amphitheater Improvements . Section 4. The City Manager and the Executive Director of the Trust are authorized {1 } to execute an Amendment, in substantially the attached form, to the Management Agreement between the City of Miami, the Trust and Live Nation Worldwide, Inc., for the management and operation of the Bayfront Park Amphitheater Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} City of Miand Page 3 of 4 File Id. 09-00287 Mersion: 1) Printed On: 6/5/2017 File Number: 09-00287 Footnotes: Enactment Number: R-09-0170 {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 City Charter and Code provisions. {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. 09-00287 (Version: 1) Panted On: 6/5/2017