HomeMy WebLinkAboutR-07-0715City of Miami
Legislation
Resolution: R-07-0715
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01438 Final Action Date: 12/13/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/STHS) 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 ATWENTY 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");
WHEREAS, CIP recommended and the City Manager concurred that the most efficient method to
City of Miami
Page 1 of 4 File Id: 07-01438 (Version: 1) Printed On: 4/21/2017
File Number: 07-01438 Enactment Number: R-07-0715
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 Enactment Number: R-07-0715
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 hearing,
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 Project
No. B-30153F.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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File Number: 07-01438 Enactment Number: R-07-0715
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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