HomeMy WebLinkAboutR-87-0766Y
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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
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WHEREAS, the development of the North District Police
Substation became a top priority, with all procedures carried out
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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
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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
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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
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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
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BUDGETARY REVIEW:
A71 C, /7 ) -
MANOHAR S, SURANA, DIRECTOR
DEPARTMENT OF MANAGEMENT A14D BUDGET
PLANNING REVIEW:
SERGIO"RODRIGUEZt •DIRECTOR
PLANNING DEPARTMENT