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HomeMy WebLinkAboutR-87-0766Y 9/6/87 ,�+wt�. RESOLUTION NO t _ t''L_t_ . e (Af1. A RESOLUTION RESCINDING RESOLUTION NO 87i725, ADOPTED JULY 23 1987 IN ITS ENTIRETY, ENTITLED "A RESOLUTION ACCEPTING THE NEGOTIATED GUARANTEED MAXIMUM COST IN THE PROPOSED AMOUNT OF $4,4000000 FROM 3-W CORPORATION INC.,/FRANK J. ROONEY INC., A JOINT VENTURE, FOR THE CONSTRUCTION OF THE NORTH DISTRICT POLICE SUBSTATION PROJECT, INCLUDING THE BASE BID AND ALL ADDITIVE AND DEDUCTIVE ALTERNATIVES; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 312007, IN THE AMOUNT OF $4,4009000 TO COVER THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM"; AND FURTHER ACCEPTING, BASED ON THE VALID PUBLIC EMERGENCY AS APPROVED AND CONFIRMED BY RESOLUTION 110. 87-676, ADOPTED JULY 9, 1987, THE NEGOTIATED GUARANTEED MAXIMUM COST IN THE PROPOSED AMOUNT OF $40400,000 FROM 3-W CORPORATION INC., FOR THE CONSTRUCTION OF THE NORTH DISTRICT POLICE SUBSTATION PROJECT, INCLUDING THE BASE BID AND ALL ADDITIVE AND DEDUCTIVE ALTERNATIVES; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 312007, IN THE AMOUNT OF $4,400,000 TO COVER THE CONTRACT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. WHEREAS, in May of 1980 the City of Miami experienced civil disturbances in its primarily Black Communities, which were triggered in part by the verdict of not guilty in the trial of several white Metropolitan Dade County Police Officers accused of killing a black businessman; and WHEREAS, the underlying problem of poor police/community relations was established as one of the root causes of the civil disturbances; and WHEREAS, several different community interest groups began considering ways in which these and other serious difficulties and misunderstanding between Miami's Black Community and its local government might be improved and lead to mechanisms for physical and economic revitalization of the Liberty City Area;, and CITY COMMISSION MEETING OF SEP S 1987 RESOLUTION No, s�r"-•i6� REMARKS: U Y WHEREAS, during the month of March in 1982 requests were made for and in support of the development of a Liberty City Police Substation from several major groups including the Martin Luther King Jr. Economic Development Corporation (MLKEDCO), Martin Luther King Jr. Boulevard Coordinating Committee, Miami Community Police Benevolent Association, the Miami Times and the Model City Community Development Advisory Board; and WHEREAS, community wide support for the facility culminated in May 1981, when MLKEDCO presented the City Commission with a petition containing 1200 signatures from the residents of the Liberty City Area pleading for the development of a police substation; and WHEREAS, subsequent to the consideration of the different types of service and facilities that would be required to enhance police/community relations and economic development in the Liberty City Area, the City Commission, in May 1983, firmly established its support for the development of Police Substations in both Liberty City and Little Havana; and WHEREAS, it was the consensus of both private and public sector interest groups that the development of the substations, particularly in the case of Liberty City, would create a permanent police presence thereby deterring crime in the area, provide the community with more direct access to the police officers working in their neighborhoods, facilitate the flow of information regarding day to day neighborhood problems and also enhance the potential of lower insurance rates and the acquisition of development loans from financial institutions which might have been dissuaded by the poor reputation of the area; and WHEREAS, the North District (Liberty City) Police Substation was thereby established as an essential element for the social and economic revitalization and redevelopment of the Model City Neighborhoods, and a facility without which the economic welfare and safety of the community would remain at risk; and -2- WHEREAS, the development of the North District Police Substation became a top priority, with all procedures carried out 1 In the most expeditious manher possible, in order to have it designed, constructed and open for use as fast as possible; and WHEREAS, with the City Commission's commitment to proceed on ' the police Substation Projects, initial plans were formulated related to the types of service to be provided and the method by which the projects would be funded; and WHEREAS, the City Commission established, by Ordinance No. 9788, on January 26, 1984, that a bond issue would be placed before the voters at the Special Election in March 1984; and WHEREAS, on March 13, 1984 the voters of the City of Miami approved the levy and collection of ad valorem taxes to pay for the issuance of $20,000,000 in Police Headquarters and Crime Prevention Facilities General Obligation Bonds to cover the cost of various improvements including development of the North District Police Substation to be located in Liberty City; and WHEREAS, in March 1983 MLKEDCO made inquiries about a 1.5 ( acre site located at 1060 NW 62nd Street, which had been purchased by Metropolitan Dade County HUD for public housing; and i WHEREAS, on October 9, 1984 as a result of community -wide requests and the urgent need for the development of the North District Police Substation the managers of the City of Miami and Metropolitan Dade County agreed to present a long term lease for the aforementioned site for $1.00 per year, to their respective Commissions; and WHEREAS the lease for the property generally located at 1060 NW 62nd Street for the North District Police Substation was approved by the City Commission by Resolution 85-731 on July 18, [tfi 1985 and executed on September 18, 1985; and I x WHEREAS, the City Commission initiated the planning and design process of the North District Police Substation, by the passage of Resolution 84-1277 on November 8, 1984; and WHEREAS, in accordance with the State of Florida Consultant Competitive Negotiations Act and City of Miami Ordinance 8965 "3- 8 7"W766 r' t (currently revised as Ordinance 10062) the professional services of Joseph Middlebrooks and Associates were procured to provide, along with designated subconsultants, professional architectural, engineering and landscape architectural services for the planning, design and construction administration of the North District Police Substation; and WHEREAS, the professional services agreement with the Joseph Middlebrooks and Associates was executed September 11, 1985 and based on the schedule established by the agreement, construction was initially anticipated to be underway by late 1986; and WHEREAS, with the need for the development of the North District Police Substation remaining an urgent priority and constituting a public emergency, and also based on the ongoing City Commission instructions to proceed as expeditiously as possible to fulfill its commitment to build this facility, work on this project must continue without further delay; and WHEREAS, pursuant to the authority contained in City of Miami Code, Section 18-52.3,(1), and based upon the facts as set forth herein, the need to develop and complete the North District Police Substation Project constitutes a Valid Public Emergency; and WHEREAS, by Resolution No. 87-676, adopted July 9, 1987, the City Commission by a 2/3rds affirmative vote adopted, approved and confirmed the City Manager's finding that the completion the North District Police Substation Project constitutes a Valid Public Emergency; and WHEREAS, a sealed bid was received on April 28, 1987 for the North District Police Substation Project; and WHEREAS, 3-W Corporation Inc.,/Frank J. Rooney Inc., A Joint Venture, tendered the sole bid in the amount of $4,952,000; and WHEREAS, the City Commission, at their meeting of May 14, 1987, instructed the City Manager to negotiate with 3-W Corporation Inc.,/ Frank J. Rooney Inc., A Joint Venture, to reach a construction price within the overall project planning, design and construction cost of $5,000,000; and -4- 87 -7( 4r WHEREAS, as a result of negotiations between the City and 3-W Corporation Inc.,/ Frank J. Rooney Inc., A Joint Venture, $4,400,000 was agreed upon as the Guaranteed Maximum Cost for rF construction of the North District Police Substation Project, including the Base Bid and all Additive and Deductive Alternatives; and WHEREAS, based on the success of said negotiations Resolution No. 87-7251 was adopted July 23, 1987 accepting the negotiated guaranteed maximum cost in the proposed amount of $4,400,000 from 3-W Corporation Inc.,/ Frank J. Rooney Inc., a joint venture, for the construction of the North District Police Substation Project, including the base bid and all additive and deductive alternatives; and WHEREAS, Resolution No. 87-725 also allocated funding in the amount of $4,400,000 from the project fund entitled North District Police Substation, Project No. 312007, as set forth in Section 1., Program Area II. Public Safety, A.2., of the Capital Improvements Ordinance No. 10187, as amended, adopted December 11, 1986; and WHEREAS, Resolution No. 87-725 further authorized the City Manager to enter into a contract, in a form acceptable to the City Attorney, on behalf of the City of Miami, with 3-W Corporation Inc.,/ Frank J. Rooney Inc., A Joint Venture, for the construction of the North District Police Substation Project; and WHEREAS, construction of the North District Police Substation Project was established as a "Black Set Aside" Project ! in accordance with the provisions of Ordinance No. 10062, resulting in the requirements, as indicated in the Bid Documents, that the General Contractor must be a firm or joint venture with 51% black ownership, that 15% of the dollar value of the construction project must be carried out by the General Contractor, that 51% of the dollar value of the entire construction project must be carried out by black owned businesses and that 51% of the work force at the site must be black; and -5- 8'7-766 F, WHEREAS, as a result of negotiations and discussions, the City has been advised by a letter of August 28, 1987 from 3GW Corporation Inc.,/Frank J. Rooney Inc., A Joint Venture, that Frank J. Rooney Inc. , is unable to issue letters of intent with black owned subcontractors for more than 17% of dollar value of the entire construction project now at the Guaranteed Maximum Cost $4,4O0,000; and WHEREAS, the aforementioned letter also indicates that 3-W Corporation Inc., believes that 51% black owned business participation is achievable throughout the project and is willing to make such a commitment to the City; and WHEREAS, as a result of this development, the Joint Venture of 3-W Corporation Inc.,/Frank J. Rooney Inc., has withdrawn their proposal of August 28, 1987 for the construction of the North District Police Substation, and has further requested the return of their Bid Bond, compensation for mobilization as authorized in writing by Cesar H. Odio, City of Miami Manager, on July 13, 1987, and also assumption of the contract and costs associated with the construction fence rental; and WHEREAS, in accordance with the finding that the need to develop and complete the North District Police Substation constitutes a Valid Public Emergency as approved and confirmed by Resolution No. 87-676, adopted July 9, 1987 it is in the City's best interest to proceed with the project; 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 hereby approved, confirmed and adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No 87-725, adopted July 23,1987, entitled "A RESOLUTION ACCEPTING THE NEGOTIATED GUARANTEED MAXIMUM COST IN THE PROPOSED AMOUNT OF $4,400,000 FROM 3-W CORPORATION INC.,/FRANK J. ROONEY INC., A JOINT VENTURE, FOR THE CONSTRUCTION OF THE NORTH DISTRICT POLICE SUBSTATION PROJECT, r; 4 INCLUDING THE BASE BID AND ALL ADDITIVE AND DEDUCTIVE r' ALTERNATIVES; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO, 3120079 IN THE AMOUNT OF $49400,000 TO COVER THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM" is hereby rescinded in its entirety. Section 3. Based on the Valid Public Emergency as approved and confirmed by Resolution No. 87=676, adopted July 9, 1987, the negotiated Guaranteed Maximum Cost in the proposed amount of $4,400,000 from 3-W Corporation Inc., for the construction of the North District Police Substation Project, including the Base Bid and all Additive and Deductive Alternatives is hereby accepted at the price stated herein. Section 4. The amount of $4,400,000 is hereby allocated from the project fund entitled North District Police Station, Project No. 312007, as set forth in Section 1., Program Area II. Public Safety, A.2., of the Capital Improvements Ordinance No. 10187, as amended, December 11, 1986. Section 5. The City Manager is hereby authorized to enter into a contract, in a form acceptable to the City Attorney, on behalf of the City of Miami, with 3-W Corporation Inc. , for the construction of the North District Police Substation Project. PASSED AND ADOPTED this 8th day of September 1987. ATTES . MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK, DEPUTY CITY -ATTORNEY APPROVED/*AJS TO FORM AND CORRECTNESS . ---ems, LIF A UGHE TY, CITY ATT 8 -76 . ^7_ ot BUDGETARY REVIEW: A71 C, /7 ) - MANOHAR S, SURANA, DIRECTOR DEPARTMENT OF MANAGEMENT A14D BUDGET PLANNING REVIEW: SERGIO"RODRIGUEZt •DIRECTOR PLANNING DEPARTMENT