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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01231 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE BID RECEIVED DECEMBER 9, 2011, PURSUANT TO
INVITATION TO BID ("ITB") NO. 11-12-008, FROM KERNEYAND ASSOCIATES,
INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE
CENTRAL CHILLED WATER PLANT AND COOLING DESIGN PROJECT AT THE
HYATT REGENCY MIAMI , IN THE AMOUNT OF$3,680,500, FOR THE SCOPE OF
WORK, PLUS A TEN PERCENT OWNER CONTINGENCY AMOUNT OF $368,050,
FORA TOTAL NOT TO EXCEED AWARD VALUE OF $4,048,550; ALLOCATING
FUNDS FROM SUSTAINABLE INITIATIVES PROJECT NO. 41-410004 AND
APPROPRIATING FUNDS PROVIDED BY THE HYATT EQUITIES, LLC, TO
CAPITAL IMPROVEMENT PROJECT NO. B-40181, AS STATED HEREIN, FOR
SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE
ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE.
WHEREAS, Ordinance No. 13045, adopted December 11, 2008, amending Chapter 18, Article III,
of the Code of the City of Miami, Florida, as amended, the "Procurement Ordinance," enacted a new
Section 18-117, entitled "Economic Stimulus Awards and Agreements"; and
WHEREAS, said Ordinance authorized the City Manager to advertise for, receive, review, reject,
evaluate responses and award contracts for the listed projects in an attachment of said Ordinance
entitled "Attachment A- 10/13/11 Revised", that identifies the Central Chilled Water Plant and Cooling
Design Project at the Hyatt Regency Miami ("Project") specifically; and
WHEREAS, in accordance with this Ordinance, on November 9, 2011, the Capital Improvements
Program issued an Invitation to Bid ("ITB") No. 11-12-008 for Project and
WHEREAS, two (2) bids were received by the Office of the City Clerk on December 9, 2011,
however, the bids did not comply with the requirement set forth in subsection (c) of said Ordinance,
which stipulates that "at least three bids are received from responsive and responsible bidders;" and
WHEREAS, the scope of work included the replacement of the chillers at the Hyatt Regency Miami
identified as Base Bid A and the installation of the Cooling Towers identified as Base Bid B; and
WHEREAS, the City of Miami ("City") and Miami Center Associates entered into.an..Operations and
Maintenance'Agreement ("O&M Agreement")dated December 12, 1984, by and between the City, and
Miami Center Associates, Ltd., predecessor -in -interest to Hyatt Equities, LLC ("Hyatt"); and
WHEREAS;'the"O&M-Agreement 'sets forth the operation, and maintenance ,obligations .of the City
and Hyatt as`to'their primary areas of responsibility as set forth therein, and as required under the
lease between the City and Hyatt, dated September 13, 1979, as amended (the "Lease"); and
City of Miami
Page 1 of 3 File Id: 11-01231 (Version: 1) Printed On: 12/28/2011
File Number: 11-01231
WHEREAS, pursuant to Sections 7.3 and 7.4` of the Lease, the City is obligated to provide a
working chiller and related , equipment for the Miami Hyatt Regency and the James L. Knight
Convention Center ("Center") to remain operational; and
WHEREAS, the three centrifugal chillers, cooling tower, and related equipment are currently 29
years old and have reached their useful life expectancy; and
WHEREAS, the replacement of the cooling tower and chiller is necessary for the proper operation
and maintenance of the Miami Hyatt Regency and the Center; and
WHEREAS, per the O&M Agreement and Letter Agreement dated November 16, 2011, between
the City and Hyatt, the City and the Hyatt are each responsible for fifty percent (50%) of the Project
cost, which includes the purchase and installation of three centrifugal chillers, a cooling tower and
associated equipment; and
WHEREAS, the City will complete its fifty percent (50%) share of the Project cost utilizing an
Energy Efficiency and Conservation Block Grant which is part of the federal American Recovery and
Reinvestment Act of 2009; and
WHEREAS, the Hyatt will pay its fifty percent (50%) share of the Project cost into Capital
Improvements Project No. B-40181; and
WHEREAS, Capital Improvements Program has determined Kerney and Associates, Inc. to be the
lowest responsive and responsible bidder; and
WHEREAS, the City Manager requests authorization to execute a contract with Kerney and
Associates, Inc., in the amount of $3,680,500, for the scope of work, plus a ten percent owner
contingency amount of $368,050, for a total not to exceed award value of $4,048,550; and
WHEREAS, funds in the amount of $2,024,275 are to be allocated from Sustainable Initiatives
Project No. 41-410004 and funds in the amount of $2,024,275 provided by the Hyatt, are to be
appropriated to Capital Improvements Project No. B-40181, for said purpose;
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 fully set forth in this Section.
Section 2. The bid received December 9, 2011, pursuant to Invitation to Bid No. 11-12-008, from
Kerney and Associates, Inc., the lowest responsive and responsible bidder, for the Project at the Hyatt
Regency Miami, in the amount of in the amount of $3,680,500, for the scope of work, plus a ten
percent owner contingency amount of $368,050, for a total not to exceed award value of $4,048,550,
- is accepted with funds allocated in the amount of $2,0242.75 from Sustainable Initiatives Project No.
41`-410004'and funds in the: -amount --=of $2,024,275 provided by the ,Hyatt,, appropriated to Ca
= Yital P.
Improvements Project No. B-40181, for said purpose.
"Section 3. The "following appropriation is established and resources are appropriated as described
City of Mia"inu Page 2 of 3
File Id: 11-01231 (Version: 1) Printed On: 12/28/2011
File Number: 11-01231
below:
FUND TITLE: Contribution from Hyatt
RESOURCES: Hyatt
APPROPRIATIONS: James L. Knight Center Chiller & Cooling Tower $2,024,275
Project No. B-40181
Section 4. The City Manager is authorized {1} to execute a Contract, in substantially the attached
form, consisting of the ITB documents and attachments, for said purpose.
Section 5. This Resolution shall. become effectiveimmediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
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
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File Id: 11-01231 (Version: 1) Printed On: 12/28/2011