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Home My WebLink AboutR-05-0132City of Miami Legislation Resolution: R-05-0132 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00096 Final Action Date: 2/24/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTH (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND WAIVING COMPETITIVE BIDDING PROCEDURES IN THE AWARD OF ADDITIONAL WORK TO PROFESSIONAL GENERAL CONTRACTORS, INC., THE CONTRACTOR CURRENTLY PERFORMING STRUCTURAL WORK FOR THE PROJECT ENTITLED "ORANGE BOWL STADIUM STRUCTURAL REPAIRS, B-30297" (FORMERLY B-3297); PURSUANT TO CONTRACT DATED SEPTEMBER 2, 2003, AS AMENDED, AUTHORIZED BY RESOLUTIONS NO. 03-829, 04-0179, AND 04-0428 ("CONTRACT"), APPROVING AN AMENDMENT TO THE CONTRACT TO INCLUDE THE ADDITIONAL WORK AND INCREASE THE COMPENSATION TO THE CONTRACTOR BY $3,717,005 FROM $2,849,031 TO $6,566,036; AMENDING RESOLUTION NO. 04-0428, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FOR SAID CONTRACT INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 324002. WHEREAS, pursuant to Resolution No. 03-829, adopted July 17, 2003, the City of Miami ("City") entered into a contract ("Contract") with Professional General Contractors, Inc. ("Contractor"), for the project entitled "Orange Bowl Stadium Structural Repairs, B-30297 (formerly B-3297)" ("Project"); and WHEREAS, the contract sum, under the Contract, was $1,949,039, subject to additions and deductions and based on sum and unit prices; and WHEREAS, Resolution No. 04-0179, adopted March 25, 2004, authorized the City Manager to increase the contract sum by an amount not to exceed $500,000, thereby increasing the contract sum from $1,949,039 to $2,449,031, to pay for the repair of 15 additional supports of the upper trusses of the north side of the Orange Bowl Stadium ("Stadium"), and to replace four (4) access ramps that were severely damaged; and WHEREAS, Resolution No. 04-0428, adopted June 24, 2004, authorized the City Manager to further increase the contract sum by an amount not to exceed $400,000, thereby increasing the contract sum from $2,449,031 to $2,849,031, to pay for repairs to severely overstressed structures in the concourse at + 36' - 0" Elevation, at the north side of the Stadium, where the 4" concrete slab that conforms the concourse was showing cracks and deflections that represented structural failures in nature, indicating that the structural integrity of the slab was lost; and WHEREAS, during the course of the approved work, generalized severe deterioration has been observed in the concourse at + 36' - 0" Elevation at the north and south side of the Stadium, where the 3" concrete slab and the supporting structural framing are showing the same cracks and deflection that were present in the limited repair done under the Second Amendment to the contract; City of Miami Page 1 of 3 File Id: 05-00096 (Version: 2) Printed On: 10/28/2016 File Number: 05-00096 Enactment Number: R-05-0132 and WHEREAS, the following additional elements in the lower bowl require extensive repair because of the deterioration caused by corrosion and concrete distress related to corrosion: the tread and riser plates at the expansion joints and the end of support of the stands; the raker beam and the connection to the columns; the toe and head of the vomitory ramps, as well as the lateral bracing of the main structural framing ("Additional Repairs"); and WHEREAS, in addition to the Additional Repairs, it is necessary to replace the concrete slabs at the 9'-6" concourse at the north and south of the Stadium; repair and replace the tie beams along grid line M; life -safety improvements along the stem wall at the upper section of the lower bowl at the West End Zone, and perform all other related structural work ("Additional Anticipated Work"), but construction drawings for such Additional Anticipated Work have not yet been completed; and WHEREAS, the consultants retained by the City to oversee the structural repairs of the Orange Bowl Stadium recommend that the Additional Repairs and the Additional Anticipated Work be completed prior to the 2005 University of Miami football season and failure to complete the repairs by August 2005 will further delay the planned redevelopment of the Orange Bowl Stadium; and WHEREAS, the Contractor is fully familiar with the Orange Bowl Stadium, is qualified and willing to perform the Additional Repairs and Anticipated Additional Work by August 2005, under the terms of the Contract, and Florida Statute 255.20 exempts repair and maintenance of existing public facilities from formal competitive bid requirements; and WHEREAS, the Contractor has estimated the cost of the Additional Repairs, including labor and materials, not to exceed $2,954,256 and the estimated cost of the Additional Anticipated Work, including labor and materials, not to exceed $762,749; and WHEREAS, it is in the best interest of the City to amend the Contract to authorize the Contractor to perform the Additional Repairs and to give the City Manager the authority to request the performance of the Additional Anticipated Work, and increase the Contract Sum accordingly,; and WHEREAS, funds in the amount of $3,717,005 for the Additional Repairs and the Anticipated Additional Work are available from Project No. 324002 entitled "Orange Bowl Stadium Structural Repairs, B-30297"; and WHEREAS, Florida Statute 255.20 (c )(5) exempts projects undertaken as repair or maintenance of an existing public facility from competitive bidding; and WHEREAS it is the finding of the City Commission, based on the representations of the Capital Improvements and Transportation Department and the City Administration that this Project qualifies for that exemption; and, WHEREAS, §18-89 of the Code of the City of Miami, Florida, as amended ("City Code") provides that the findings contained herein be made at a properly advertised public hearing by the City of Miami City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 2 of 3 File Id: 05-00096 (Version: 2) Printed On: 10/28/2016 File Number: 05-00096 Enactment Number: R-05-0132 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 -fifth (4/5ths) affirmative vote, after an advertised hearing, the City Manager's finding of an emergency, waiving competitive bidding procedures in the award of additional work to Professional General Contractors, Inc., the contractor currently performing structural work for the Project "Orange Bowl Stadium Structural Repairs, B-30297" (formerly B-3297); pursuant to Contract dated September 2, 2003, as amended, authorized by Resolutions No. 03-829, 04-0179, and 04- 0428 (the "Contract") is ratified, approved and confirmed. Section 3. The City Manager is authorized {1} to execute the Third Amendment to the Contract, in substantially the attached form, to include the Additional Repairs and, at the City Manager's discretion, the Anticipated Additional Work, and to increase the compensation to the contractor by $3,717,005 from $2,849,031 to $6,566,036, with funds allocated for said contract increase from Capital Improvements Project No. 324002. Section 4. Resolution No. 04-0428 is amended to reflect said increase. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {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 3 of 3 File Id: 05-00096 (Version: 2) Printed On: 10/28/2016