HomeMy WebLinkAboutLegislationAGENDA ITEM SUMMARY FORM
FILE ID:
Date: 12/6/2007
Commission Meeting Date: 12/13/2007
0-7 - o ; L) 3
SP.2
Requesting Department: Capita, uJLpvts.
District Impacted: 3
Type: ® Resolution I I Ordinance I I Emergency Ordinance Discussion Item I I Other
Subject: Resolution to approve an emergency finding pursuant to City Code and to award an Agreement
to DEMCO, Inc. to provide General Construction services for the Orange Bowl Stadium Demolition
Project, B-30153F.
Purpose of Item:
To request approval of the attached resolution, by a four -fifths affirmative vote adopting the City
Manager's finding of an emergency as permitted by Section 18-89 of the City Code, waiving
competitive bidding procedures, waiving the protest period, and approving the use of a competitive
negotiations procurement method and to authorize the City Manager to execute an Agreement with
DEMCO, Inc. in an amount not to exceed $2,817,660 consisting of a negotiated maximum fee of
$2,348,050 plus a 20% owner's contingency of $469,610. The resolution further authorizes the City
Manager to execute an agreement with Brandenburg in the event DEMCO does not execute the
negotiated agreement within 7 days of Commission approval.
Background Information:
On 10/30/07, the Department of Capital Improvements (CIP) issued a Request for Letters of Interest
(RFLI) No. 06-07-031 for the purpose of creating a short-list of firms in order to competitively
negotiate an Agreement for General Contracting services for the Orange Bowl Stadium Demolition.
On 11/6/07, fifteen (15) submittals were received in response to the RFLI. An evaluation committee
met on 11/13/07 to review and develop a short-list of the most qualified firms. The 3 short-listed
firms were Brandenburg Industrial Service Company, Cleveland Wrecking Company, and DEMCO,
Inc.. Subsequently, on 11/16/07, CIP issued a Request For Information (RFI) No. 07-08-003. The
RFI requested that the short-listed firms submit detailed information regarding their methodology,
schedule and fees, which were used as the basis for competitive negotiations. RFI responses were
received on 11/29/07. City staff conducted negotiations during the week of 12/3/07.
Continued on next page...
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: B-30153F
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal IKr7fTAP R«NM,8818,600**
Final Approvals (SIGN AND QATE)
CIP Budget V , ,
If using or receiving e..'`fil
Grants -
\ —
Purchasing
Chief
It. Management
ept. Director
City Manager
Page 1 of 2
Background Continued...
Based on the results of the negotiations, the City Manager determined that DEMCO, Inc. offers the City
the most advantageous agreement based on a combination of experience, their technical plan, scheduling
flexibility and price.
Due to the uncertainty of the City's needs regarding the timing of the site redevelopment, the fees for
demolition were negotiated for three (3), four (4) or five (5) month demolition schedules. The negotiated
fees are $1,948,000 if the City's schedule requires demolition in 5 months. The negotiated fees are
$2,148,590 if the City's schedule requires demolition in 4 months. The minimum alloted time for
demolition is 3 months at a maximum negotiated fee of $2,348,050. In addition to the maximum
negotiated fee, CIP is requesting a 20% owner's contingency of $469,610 to cover the costs of
unforeseen conditions including known but unquantified environmental conditions.
In the event that DEMCO does not execute the negotiated agreement within 7 days of Commission
approval, the City will still need to maintain the aggressive project schedule; therefore this item further
authorizes the City Manager to execute an agreement with Brandenburg. Brandenburg fees are
$3,240,500 for 3 months, $2,695,500 for 4 months and $2,295,500 for 5 months. In addition to the
maximum negotiated fee, CIP is requesting a 20% owner's contingency of $648,100 to cover the costs
of unforeseen conditions including known but unquantified environmental conditions.
To approve the use of this procurement methodology and to immediately execute the negotiated
agreement, it is necessary to waive the competitive sealed bidding proposal process and the protest
period. The City Manager has made a written finding justifying this action.
**Fiscal Impact based on 3 month scenario utilizing Brandenburg fees in order to account for most
accelerated schedule with either firm.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01438
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EMERGENCY FINDINGS; WAIVING COMPETITIVE SEALED
BIDDING PROCEDURES PURSUANT TO SECTION 18-89 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE THREE DAY
PROTEST PERIOD FOR SOLICITATION AND AWARDS PURSUANT TO
SECTION 18-104 (A); APPROVING THE USE OF A COMPETITIVE
NEGOTIATIONS PROCUREMENT METHOD FOR THE PURPOSES OF
NEGOTIATING AN AGREEMENT FOR GENERAL CONTRACTING SERVICES
FOR THE "ORANGE BOWL DEMOLITION PROJECT, B-30153F"; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
DECOMMISSIONING AND ENVIRONMENTAL MANAGEMENT COMPANY, INC.
(DEMCO), IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO
EXCEED $2,817,660 FOR SAID PURPOSES, CONSISTING OF A MAXIMUM
NEGOTIATED FEE OF $2,348,050 PLUS A TWENTY PERCENT (20%) OWNER'S
CONTINGENCY OF $469,610; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH BRANDENBURG INDUSTRIAL SERVICE
COMPANY, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT
TO EXCEED $3,888,600 FOR SAID PURPOSES, CONSISTING OF A MAXIMUM
NEGOTIATED FEE OF $3,240,500 PLUS A TWENTY PERCENT (20%) OWNER'S
CONTINGENCY OF $648,100 IN THE EVENT THAT DEMCO DOES NOT
EXECUTE THE AGREEMENT WITHIN SEVEN DAYS OF COMMISSION
APPROVAL; ALLOCATING FUNDS FOR EITHER SCENARIO FROM CAPITAL
IMPROVEMENT PROJECT NO. B-30153F.
WHEREAS, the primary tenant of the Orange Bowl Stadium, the University of Miami, decided to no
longer utilize the stadium for football games following the 2007 season; and
WHEREAS, without a primary tenant the facility would become a liability and it is critically
important to limit liability at the site by demolishing it as soon as possible and prepare the site for
redevelopment; and
WHEREAS, the City Manager requested that the Department of Capital Improvements ("CIP")
create a new Capital Improvement Project No. B-30153F, Orange Bowl Demolition and procure a
General Contractor to provide demolition services; and
WHEREAS, the City Manager has determined that the most expeditious method to commence
demolition of the Orange Bowl Stadium is to declare an emergency finding and waive competitive
sealed bidding procedures, as provided in Section 18-89 of the Code of the City of Miami, Florida, as
amended ("City Code");
City of Miami Page 1 of 4 Primed On: 12/6/2007
File Number.• 07-01438
WHEREAS, CIP recommended and the City Manager concurred that the most efficient method to
quickly commence demolition of the Orange Bowl is to utilize the Competitive Negotiations
procurement method to obtain the services of a General Contracting services firm, and
WHEREAS, the Department of Capital Improvements ("CIP") issued a Request for Letters of
Interest ("RFLI") No. 06-07-031 for the purposes of soliciting competition to develop a short-list of firms
for competitive negotiations to select the firm offering the most advantageous proposal to the City of
Miami ("City"); and
WHEREAS, fifteen (15) firms submitted Letters of Interest by the established deadline; and
WHEREAS, the Evaluation Committee met on November 13, 2007 and short listed three (3) firms,
Brandenburg Industrial Service Company ("Brandenburg"), Cleveland Wrecking Company and
Decommissioning & Environmental Management Company, Inc. ("DEMCO"), as the most qualified
firms; and
WHEREAS, on November 16, 2007, CIP issued a Request for Information ("RFI") No. 07-08-003
to the three (3) short-listed firms to obtain their management plans, technical approach, scheduling
plan and pricing proposal, which were utilized by CIP as the basis for the competitive negotiations; and
WHEREAS, on November 29, 2007, all three (3) firms provided submittals in response to the RFI;
and
WHEREAS, during the week of December 3, 2007, City staff competitively negotiated potential
agreements with all the firms; and
WHEREAS, the City Manager has determined that DEMCO, Inc. offers the City the most
advantageous proposal based on a combination of experience, management plan, technical approach,
scheduling and price; and
WHEREAS, the negotiated maximum fee of $2,348,050 is based on $3,486,050 for demolition
minus a credit of $1,200,000 for salvaged materials at an accelerated three (3) month demolition
schedule; and
WHEREAS, the City Manager requests authorization to execute an Agreement with DEMCO, Inc.,
in substantially the attached form, to provide for General Contracting Services for the Orange Bowl
Stadium Demolition Project; and
WHEREAS, funds for hiring DEMCO are available under Capital Project B-30153F, in the amount
of $2,817,660 which consists of the base fee of $2,348,050 plus a twenty percent (20%) owner's
contingency of $469,610; and
WHEREAS, the City Manager has determined that Brandenburg offers the City the next most
advantageous proposal based on their comparable qualifications and competitive price proposal; and
WHEREAS, the negotiated maximum fee for Brandenburg is $3,240,500, based on $4,735,500 for
demolition minus a credit of $1,495,000 for salvaged materials at an accelerated three (3) month
demolition schedule; and
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File Number: 07-01438
WHEREAS, the City Manager further requests authorization to execute an Agreement with
Brandenburg in substantially the attached form to provide for General Contracting Services for the
Orange Bowl Stadium Demolition Project in the event DEMCO does not execute the Agreement within
seven (7) days of Commission approval; and
WHEREAS, should the need arise to hire Brandenburg, funds are available under Capital Project
B-30153F, in the amount of $3,888,600 which consists of the base fee of $3,240,500 plus a twenty
percent (20%) owner's contingency of $648,100; and
WHEREAS, this resolution authorizes fees in the amount of $3,888,600 to account for either hiring
scenario; and
WHEREAS, the City Manager's written finding of a valid public emergency, attached and
incorporated, references that it is in the best interest of the City, to waive competitive sealed bidding
and the three day protest period for the Project; and
WHEREAS, said findings of the City Manager have been duly considered and adopted by the City
Commission;
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. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hea ring,
the City Manager's emergency findings are ratified, approved and confirmed, the requirements for
competitive sealed bidding procedures and the waiting period are waived pursuant to Section 18-90
and 18-104 (a) of the City Code, and the use of the competitive negotiations procurement method, is
approved, for the purposes of contracting services for the "Orange Bowl Demolition Project, B-30153F.
Section 3. The City Manager is authorized{1} to execute an Agreement with DEMCO, Inc., in
substantially the attached form, in an amount not to exceed $2,817,660 for said purposes, consisting
of a maximum negotiated fee of $2,348,050 plus a twenty percent 20% owner's contingency of
$469,610.
Section 4. The City Manager is further authorized{1} to execute an Agreement with Brandenburg,
in substantially the attached form, in an amount not to exceed $3,888,600 for said purposes,
consisting of a maximum negotiated fee of $3,240,500 plus a twenty percent (20%) owner's
contingency of $648,100 in the event DEMCO does not execute the Agreement within seven (7) days
of Commission approval with funds allocated for either scenario from Capital Improvement Proj ect No.
B-30153F.
Section 5. This Resolution shall become effective immediately upon its adoption and signat ure of
the Mayor.{2}
APPR•VED AS TO FORM AND CORRECTNESS:
JORG
CITY ATTO NEY
City of Miami
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File Number: 07-01438
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.
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