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Home My WebLink Aboutpre resolutionCity of Miami Legislation Resolution: R-04-0786 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.ua File Number; 04-01321 Final Action Date:12/4/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PROVIDED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SECTIONS 18-86 AND 18-87 AND UNDER FLORIDA STATUTES 255.20 AND 287. 055, APPROVING THE SELECTION OF THE ARCHITECT/ENGINEER AND/OR CONTRACTOR AS STATED HEREIN, RELATING TO CERTAIN PROJECTS FUNDED FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, SPECIFICALLY, GRAPELAND HEIGHTS PARK WATER THEME PARK (B-35828), GRAPELAND HEIGHTS PARK COMMUNITY RECREATION FACILITY AND PARKING (B-30105), GRAPELAND HEIGHTS PARK FIELDS AND SITE DEVELOPMENT (B-60496), JOSE MARTI PARK GYMNASIUM (B-35857), LITTLE HAITI PARK CULTURAL CAMPUS (B-30295) AND LITTLE HAITI PARK SOCCER AND RECREATIONAL FACILITIES (B-38500); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENTS BETWEEN THE CITY AND THE FIRMS NAMED HEREIN TO PROVIDE THE REQUIRED DESIGN (ARCHITECTURE AND ENGINEERING), DESIGN -BUILD, AND/OR CONSTRUCTION MANAGEMENT -AT -RISK SERVICES, FOR THE PROJECTS DEFINED HEREIN, AS APPLICABLE PER PROJECT, AND PRESENT SAID AGREEMENTS TO THE CITY COMMISSION FOR REVIEW AND APPROVAL AT A FUTURE DATE. WHEREAS, on August 8, 2002, the City of Miami ("City"), with the prior approval of the voters, issued Limited Ad Valorem Tax Bonds, Series 2002, known as the Homeland Defense Neighborhood Improvement Bonds ("Bonds"), in the aggregate principle amount of $153,186,405.85 as tax-exempt bonds, for the purpose of funding capital improvement projects identified pursuant to Ordinance No. 12137 adopted October 11, 2001; and WHEREAS, projects to be implemented with the included several sizeable projects for improvements at Grapeland Heights Park and Jose Marti Park, and the creation of a new, state-of-the- art park within the Little Haiti community; and WHEREAS, these projects have been further refined, scoped and subsequently programmed into the City's Capital Improvement Program and Multi -Year Plan as: Grapeland Heights Park Water Theme Park (B-35828), Grapeland Heights Park Community Recreation Facility and Parking (B-30105), Grapeland Heights Park Fields & Site Development (B-60496), Jose Marti Park Gymnasium (B-35857), Little Haiti Park Cultural Campus (B-30295), and Little Haiti Park Soccer Arid Recreational Facilities (B-38500); and WHEREAS, the total present commitment of Bond proceeds to these projects is $33,879,655, City of Miami Page 1 of 5 Printed On: 2/7/200.5 File Number: 04-01321 Enactment Number. R-04-0786 representing over 21 % of the Bonds issued, and the combined estimated cost of these projects is approximately $58,000,000 based on a total build out of the desired project scope, with funds anticipated from other City and outside sources; and WHEREAS, there have been lengthy delays in implementing the projects funded from Bond Proceeds, which delays preclude the City's ability to issue subsequent bonds for other City needs, including the balance of projects intended under the Bond Program; and WHEREAS, the Administration has determined that the most expeditious methods to implement these projects are as either Design -Build projects, governed by Section 18-87 of the Code of the City of Miami, Florida, as amended ("City Code"), and Section 287.055 of Florida Statutes, known as the Consultants Competitive Negotiations Act ("CCNA"), or as Construction Management -at -Risk projects, governed by Section 18-86 of the City Code; and WHEREAS, these delivery methods combine design and construction teams to compress project schedules over traditional design -bid -build scenarios to a one to three-year time frame, improve project integrity, and reduce costs, particularly addressing or eliminating change orders and cost overruns; and WHEREAS, procurement procedures normally utilized to secure these methods also require significant time, from six (6) months to one (1) year, to complete, thereby compounding the delay, further hampering the City's bonding capacity and the delivery of these projects for the benefit of the community; and WHEREAS, the Administration has determined that the most expeditious method of implementing the Grapeland Heights Park projects (B-35828, B-30105 and B-60496), and the Little Haiti Park Soccer and Recreational Facilities project (B-38500) is to use the Design -Build method; and WHEREAS, the Administration recommends that Recreation Design Consultants serve as the prime consultant/contractor for the Grapeland Heights Park projects (B-35828, B-30105, and B-60496) with the design firm of Carzo Castella Cabello Thompson Salman (C3TS) as the subconsultant/ engineer; and WHEREAS, the Administration recommends that Recreation Design Consultants serve as the prime consultant/contractor for the Little Haiti Park Soccer and Recreational Facilities (B-38500) with the design firm of Zyscovich Architects as the subconsultant/architect; and WHEREAS, the Administration has determined that the most expeditious method of implementing the Jose Marti Park Gymnasium (B-35857) and Little Haiti Park Cultural Campus (B-30295) projects is to use the Construction Management -at -Risk method, and WHEREAS, the Administration recommends that Pirtle Construction Company, Inc. serve as the contractor, Construction Manager at Risk, for the Jose Marti Park Gymnasium project (B-35857) and that the design firm of Zyscovich Architects serve as the architect for the project under a previously existing agreement dated June 24, 2002 subject to the additional approval of the City Commission requested herein; and WHEREAS, the Administration recommends that Pirtle Construction Company, Inc. serve as the contractor, Construction Manager at Risk, for the Little Haiti Park Cultural Campus (B-30295) project City of Miami Page 2 of 5 Printed On: 2/7/2005 File Number: 04-01321 Enactment Number: R-04-0786 and that the design firm of Zyscovich Architects continue as the architect for the project as approved by Resolution No. 04-0151 adopted March 11, 2004, under its previously existing agreement dated June 24, 2002; and WHEREAS, the Administration has investigated and identified the aforementioned firms as having excellent qualifications uniquely geared to the projects for which they are recommended, substantial records of experience in projects of like size and complexity, and are appropriately licensed; and WHEREAS, the City Manager requests authorization to negotiate appropriate contract terms, conditions and compensation with each Design -Build and Construction Management -at -Risk service provider and return to the City Commission for review and approval of each contract at a later date; and WHEREAS, presently, funds for the projects are available under the Capital Improvement Program as follows: Grapeland Heights Park Water Theme Park (B-35828), in the amount of $7,000,000, Grapeland Heights Park Community Recreation Facility and Parking (B-30105), in the amount of $5,000,000, Grapeland Heights Park Fields & Site Development (B-60496), in the amount of $4,00,000, Jose Marti Park Gymnasium (B-35857), in the amount of $5,000,000, Little Haiti Park Cultural Campus (B-30295), in the amount of $6,889,655, and Little Haiti Park Soccer and Recreational Facilities (B-38500), in the amount of $6,000,000; and WHEREAS, the City Manager has made a written finding of a valid public emergency attached hereto and incorporated by reference to the effect that, among other things, further delays required for the competitive procurement and award of contracts for these projects jeopardizes the City's bonding capacity and creates an undue hardship on the public welfare, thus it is in the best interest of the public and appropriately justified to waive the requirements for competitive procurement procedures of the City of Miami Code Chapter 18 (The Procurement Ordinance) and Florida Statutes 255.20 (entitled "Local Bids and Contracts for Public Construction Works") and 287.055 (known as the "Consultants Competitive Negotiations Act" or "CCNA") for the selection of the architect/engineers and/or contractors for these Projects; and WHEREAS, said finding of the City Manager has been duly considered and adopted by the City Commission; and WHEREAS, as stipulated in 255.20, Florida Statute, the architect/engineer of record, Zyscovich Architects, has provided written recommendation, attached hereto and incorporated by reference, that the Construction Management -at -Risk projects, Jose Marti Park Gymnasium project (B-35857) and Little Haiti Park Cultural Campus (B-30295) be awarded without competitive selection to the above - referenced firm, and this recommendation has been duly considered by the City Commission in relation to the action requested; and WHEREAS, this matter is being considered at a duly advertised public meeting and the City Commission having considered Florida Statute 255.20 and CCNA, 18-89 (Public Works and Contracts) and 18-90 (Emergency Procurements) of the City Code, which are each deemed as being incorporated by reference herein as though set forth in full, and which sets forth the criteria for the aforementioned waiver of competitive processes; and WHEREAS, Florida Statute 255.20 allows the City to use any contract arrangement with a private sector contractor to award contracts for public construction work that is allowed by municipal City of Miami Page 3 of 5 Printed On: 2/7/2005 File Number: 04-01321 Enactment Number: R-04-0786 ordinance; and WHEREAS, the procedures required by CCNA may be waived if there is a finding of a valid public emergency certified by the agency head; and WHEREAS, the City is complying with the aforementioned laws and procedures; 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, the City Manager's finding of an emergency that it is in the best interest of the City, waiving the requirements for competitive sealed bidding procedures, provided in Sections 18-86 and 18-87 of the City Code and under Florida Statutes 255.20 and 287.055, for the selection of the Architect/Engineer for the Professional Design or Design -Build firms for the specified projects funded from Homeland Defense Neighborhood Improvement Bond proceeds, is ratified, approved and confirmed and the selection of the design firm of Zyscovich Architects to serve as the architect for the Jose Marti Park Gymnasium project (B-35857), under a previously existing Agreement dated June 24, 2002; Recreation Design Consultants as the prime consultant/contractor for Design -Build services, with the design firm of Carzo Castella Cabailo Thompson Selman (C3TS) as the subconsultant/engineer for the Grapeland Heights Park projects (B-35828, B-30105 and B-60496); and Recreation Design Consultants as the prime consultant/ contractor for Design -Build services with the design firm of Zyscovich Architects as the subconsultant/ architect, for the Little Haiti Park Soccer and Recreational Facilities (B-38500), is approved. Section 3. By a four -fifths (4/5ths) affirmative vote, the City Manager's finding of an emergency, that the time required for the competitive procurement and award of contracts for said projects jeopardizes the City's bonding capacity and creates an undue hardship on the public welfare, and is in the best interest of the public to waive competitive sealed bidding procedures prescribed in City Code Chapter 18 and in 255.20, Florida Statute, and select pursuant to City Code Section 18-90 "Emergency Procurement", the construction firms listed below for the selection of Construction Management -at -Risk services the specified projects funded from Homeland Defense Neighborhood Improvement Bond proceeds, having determined that said firms are appropriately certified licensed and certified contractors, and are uniquely qualified to undertake and perform the required work on behalf of the City, is ratified, approved and confirmed and the selection of Pirtle Construction Company, Inc. as the. contractor, Construction Manager at Risk for the Jose Marti Park Gymnasium project (B-35857), and Pirtle Construction Company, Inc. as the contractor, Construction Manager at Risk for the Little Haiti Park Cultural Campus (B-30295), is approved. Section 4. The City Manager is authorized{1} to negotiate Agreements between the City and the firms named herein to provide the required Design (Architecture and Engineering), Design -Build, and/ or Construction Management -at -Risk Services, for the projects defined herein, as applicable per project, and present said Agreements to the City Commission for review and approval at a future date. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 4 of 5 Printed On: 2/7/2005 File Number: 04-01321 Enactment Number: R-04-078'6 {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 effeclive immediately upon override of the veto by the City Commission. City of Miami Page 5 of 5 Printed On: 2/7/2005