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HomeMy WebLinkAboutresolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miaml.tl.us File Number: 05-00178 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTH (4/5THS) 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 A PROJECT ADMINISTRATION AGREEMENT ("AGREEMENT") WITH HAMMES COMPANY SPORTS DEVELOPMENT, 1NC. IN AN AMOUNT GUARANTEED NOT TO EXCEED $6 MILLION ($6,000,000) FOR THE ORANGE BOWL REDEVELOPMENT PROJECT TO PROVIDE PROGRAM, PROJECT AND CONSTRUCTION MANAGEMENT SERVICES TO OVERSEE THE DESIGN AND CONSTRUCTION OF SCHEDULED RENOVATIONS TO THE ORANGE BOWL STADIUM; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FROM AVAILABLE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS IN CAPITAL IMPROVEMENTS PROJECT NO. 324002, B-30153. WHEREAS, the City of Miami ("City) and the University of Miami ("UM") entered into a settlement agreement approved by the City Commission on July 24, 2003, to resolve their differences and perform a feasibility analysis for the redevelopment of the Orange Bowl Stadium, which would increase stadium usage and associated revenues for both the City and UM; and WHEREAS, UM agreed to reimburse the City for studies requested by the City and approved by. UM in an amount not to exceed $420,000, and in late 2002 UM negotiated an agreement with Hammes Company Sports Development, Inc. ("Hammes") for the performance of such study at a fee of $250,000, plus reimbursable expenses, and this initial conceptual study was completed; and WHEREAS, the City has been partnering for several years with UM, a long-term lessee of the Orange Bowl stadium site, and are jointly seeking to renovate and expand the Orange Bowl Stadium to vastly improve the patron experience at the stadium and increase revenue generation; and WHEREAS, the City has previously and is currently addressing structural repairs to the existing steel framework of the stadium; and WHEREAS, the City is about to embark upon an approximate $150 million upgrade to the Stadium; and WHEREAS, Hammes is a nationally recognized stadium expert and has extensive past experience with the Orange Bowl Stadium, working hand in hand with the City, and in particular has proven past performance on other national stadium projects including Lambeau Field; and WHEREAS, Hammes' expertise in this highly specialized area is needed and program, project and 'veristratturrnmnatiermentitertioesiereTteseewary4ort*einveisiglikefislesignendiegmetwaction oflie City of Miami Page of 3 Printed On: 3/1,2005 File Number. 05-00178 Orange Bowl Stadium renovations, which will be complemented by City staff, to allow for optimal project delivery; and WHEREAS, pursuant to § 18-90 of the Code of the City of Miami, Florida ("City Code"), which is deemed as being incorporated by reference as if set forth herein, the head of the using agency or department has submitted to the City Manager and the Chief Procurement Officer in writing a full explanation of the circumstances of the emergency and the City Manager has made findings that a valid emergency exists and this procedure exempts this contract from competitive bidding; and WHEREAS, it is the finding of the City Commission, based on the representations of the City Manager and the City Administration that this contract qualifies for that exemption; and, WHEREAS, §18-90 of the City Code provides that the findings contained herein be made at an advertised public meeting by the City of Miami City Commission and that a copy of such emergency award shall be transmitted to and kept on file by the Purchasing Department ; and WHEREAS, Hammes is a specialized development consultant and not a licensed contractor and Section 255.20(1) Florida Statutes expressly allows Contracts for construction management services and arty other contract permitted by applicable municipal ordinance ;and this contract is not a contract for public construction subject to Section 255.20, Florida Statutes, but rather a professional consulting agreement; NOW, THEREFORE, BE 1T 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 -fifth (415ths) affirmative vote, after an advertised hearing, the City Manager's finding of an emergency, waiving competitive bidding procedures in the award of a Project Administration Agreement with Hammes, is ratified, approved and confirmed in an amount guaranteed not to exceed $6 million ($6,000,000), inclusive of all costs, fees, sub consultants, reimbursable expenses and other charges, for the Orange Bowl Redevelopment Project to provide program, project and construction management services to oversee the design and construction of scheduled renovations to the Orange Bowl Stadium. Section 3. The City Manager is authorized {1} to execute an Agreement, in substantially the attached form, in an amount not to exceed $6 million ($6,000,000), with funds allocated from Homeland Defense/Neighborhood Improvement Bonds in Capital Improvements Project No. 324002, 8-30153. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS FORM AND CORRECTNESS: City of Miami Page 2 of 3 Printed On: 3/1/,200'5 File Number: 05-00178 JORGE L. FERNANDEZ CITY ATTORNEY 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 Printed On: 3/1/2005