Loading...
HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01301 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH-ATTACHMENT(S); AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COOPERATION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE OBC MOORE PARK, LLC TO PROVIDE AN AMOUNT NOT EXCEEDING $2,500,000 FOR THE CITY'S • PARTICIPATION IN A COOPERATIVE PROJECT IDENTIFIED AS PROJECT NO. B-30625 KNOWN AS "MOORE PARK ATHLETIC FIELD," TO CONSTRUCT A FOOTBALL STADIUM AT MOORE PARK, LOCATED AT 765 NORTHWEST 36 STREET, MIAMI, FLORIDA, WITH THE PROJECT FEATURES DESCRIBED HEREIN AS AN ORANGE BOWL LEGACY GIFT ("THE PROJECT"), WHEREIN THE OBC WILL CONTRIBUTE $2,500,000, AND THE CITY WILL CONTRIBUTE MATCHING FUNDS UP TO $2,500,000; BY A FOUR -FIFTHS (4/5THS) • AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S. FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES TO THE EFFECT THAT IT IS IN THE PUBLIC' S BEST INTEREST TO PERMIT AND ALLOW OBC TO DIRECT, SUPERVISE, MANAGE AND BE RESPONSIBLE FOR THE CONSTRUCTION OF THE PROJECT DUE TO TIME CONSTRAINTS IN THIS PROJECT, AND IN RECOGNITION OF CONDITIONS OF THE GRANT FUNDING FROM THE OBC, PRECLUDING CUSTOMARY SEALED BIDDING PROCEDURES' TO ALLOW OBC TO SELECT THE QUALIFIED, LICENSED, BONDED, CERTIFIED AND INSURED PRIVATE SECTOR GENERAL CONTRACTOR TO BUILD THIS PROJECT BY A METHOD OTHER THAN COMPETITIVE . PROCUREMENT; FURTHER BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING, THE CITY MANAGER'S WRITTEN FINDING OF A VALID PUBLIC EMERGENCY, WAIVING CONSULTANT'S COMPETITIVE NEGOTIATION ACT • ("CCNA") PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES FOR • THE RETENTION OF A CCNA PROFESSIONAL SERVICES • (ARCHITECT/ENGINEER) FOR THIS PROJECT BY THE OBC. WHEREAS, pursuant to Resolution No. 08-0611, adopted October 23, 2008, the City Commission accepted the gracious contribution of the OBC Moore Park, LLC ("OBC") for the construction of a football stadium at Moore Park, located at 765 Northwest 36 Street, Miami, Florida ("Project"), with conditions, including, without limitation, entering into a satisfactory Project Cooperation Agreement ("Agreement") with OBC, a copy of which is attached; and WHEREAS, as affirmed by the OBC, if this Project were to be competitively procured by the City of Miami ("City"), the OBC funding source would be substantially diminished or lost because the time required to competitively award the Project after funds become. available exceeds the time within which the funding source must be spent and this constraint removes the Project from the scope of 255.20, Florida Statute (2008) which does not apply to this exception; and City of Miami Page 1 of 4 Printed On: 11/5/2008 File Number: 08-01301 WHEREAS, as affirmed by a written certification of the City Manager as agency head of the City, the time constraints in the funding of this Project do not allow for the considerable expanse of time necessitated in complying with the Consultant's Competitive Negotiation Act ("CCNA") , 287.055, Florida Statute (2008) in the City retaining any needed professional services of an architect, professional engineer, landscape architect, or registered surveyor or mapper for this Project constituting a valid public emergency removing the Project from the public announcement and qualification procedures of CCNA; and WHEREAS, the OBC is a §501(c)(3) non-profit limited liability company and by way of contributing $2,500,000 to be used exclusively for the design and construction of this Project, by agreeing to supervise, retain, direct, discharge, manage and oversee CCNA professional services and a duly qualified, licensed, certified, and insured architect, engineer, certified surveyor or mapper to design this Project will be realizing an Orange Bowl Legacy Gift to the City and additionally absorb, that is, pay for, satisfy and discharge all cost overruns, change orders, extra fees or expenses in this Project which exceed the City's matching grant of $2,500,000; and WHEREAS, the City Manager additionally finds and recommends that it is in the public's best interest to waive competitive sealed bidding procedures and reports that OBC will select, outside of a City competitive procurement process, a qualified licensed, bonded, certified and insured general contractor/ construction firm, who will serve as the appropriately licensed general contractor that is qualified to undertake and perform such work on behalf of the OBC and the City because: it will perform all necessary work for the Orange Bowl Legacy Gift of the Project, formally identified as Project No. B- 30625, also known as Moore Park Athletic Field within expeditious timeliness and construction schedules; and WHEREAS, the City Manager has provided a written recommendation that the Professional Services under the CCNA be granted by OBC to an architect, engineer, landscape architect, certified surveyor/mapper, as applicable, without public announcement and qualification or other CCNA procedures, and the consideration and justification of these waivers are documented, in writing, and were presented to the City Commission prior to their passage of this Resolution; and WHEREAS, this matter is being considered at an advertised public hearing and in accordance with Florida Statutes 255.20(Local bids and contracts for public construction work) (2008), and Sections 18 -85 (Competitive Sealed Bidding), 18-87 (Professional Services Under Florida Statutes § 287.055, (2008) "CCNA") and 18-89 (Public Works and. Contracts), of the Code of the City of Miami, Florida, as amended, which are each deemed as being incorporated by reference herein as though set forth in full, and which sets forth criteria for the aforementioned exemptions or waivers, as applicable, of the applicable competitive processes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute the Project Cooperation Agreement, in substantially the attached form, between the City and the OBC to provide for the City's participation of providing matching funds not in excess of $2,500,000 in a cooperative project to where the OBC will City of Miami Page 2 of 4 . Printed On: 11/5/2008 File Number: 08-01301 be responsible for designing, engineering, constructing and completing, in accordance with all applicable laws and codes, the Project, wherein OBC will contribute not Tess than $2,500,000, and OBC will pay for, be responsible for , discharge and absorb any cost overrun, change order, contractor, supplier, subcontractor, laborer, or material supplier claim or any other claim or cost arising or accruing by virtue of this Project in excess of the City's contribution of $2,500,000. The Project Agreement also includes, without limitation: • Hold harmless and indemnity in favor of the City • Maximum contribution of $2,500,000 by the City in matching funds and responsibility of the OBC for all costs over the City contribution relative to the Project • OBC responsibility for design and construction of the Project and for the selection and direction of the general contractor/construction firm and any CCNA professional services retained for the Project • Payment and performance bond, insurance, certification and licensing requirements for the general contractor/construction firm and OBC, as applicable • New field surface made of synthetic field turf • New running track with appropriate facilities for track and field events • 1,500 aluminum bleacher seats • Press box with PA system • Electronic scoreboard • Field lighting • Storage structure • Two (2) restroom/concession buildings • The Project will be built and completed Codes • The Project will be tendered to the City of any lien or encumbrance • The Project will be part of Moore Park, property of the City • The City contribution will be distributed by the Project Agreement. Section 3. By a four -fifths (4/5ths) affirmative vote, after, an advertised public hearing, the City Manager's finding of an emergency that it is in the public's best interest to waive competitive sealed bidding procedures, allowing the OBC to select, direct, supervise, manage and be responsible for a general contractor/construction firm, who is an appropriately licensed, bonded, insured and qualified general contractor, who is to undertake and perform such the construction work on behalf of the OBC and the City for this Project by method other than competitive procurement is ratified, approved and confirmed by the City Commission. The reasons are detailed elsewhere but may be summarized as saying that this is a condition to OBC's grant for this Project and that the time to competitively award this Project by customary sealed bidding methods used for public works and improvements would cause a loss of OBC's funding and generous contribution to the City as well as cause a time delay that would not accommodate the events and programs already planned for the Project. Section 4. By a four -fifths (4/5ths) affirmative vote the City Manager's written finding of a valid public emergency which necessitates dispensing with the customary CCNA public announcement and qualification and other procedures is ratified, confirmed and approved by the City Commission in accordance with all applicable laws and with all applicable warranties free and clear a municipal park, and will be solely the in the manner and at the intervals specified City of Miami Page 3 of 4 Printed On: 11/5/2008 File Number: 08-01301 for reasons set forth in the City Manager's memo which may be summarized by noting that following the formal CCNA procedures will not allow the design of the Project to meet the requirements of OBC's Orange Bowl Legacy Gift to this City and will cause it to be lost. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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 provisions of the City Charter end Code. {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 4 of 4 Printed On: 11/5/2008