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HomeMy WebLinkAboutR-03-1208City of Miami Legislation Resolution: R-03-1208 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 03-0229 Final Action Date: 11/25/2003 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CORAL VIEW, L.C. ("CORAL VIEW"), TO PROVIDE FOR THE CITY'S PARTICIPATION IN A COOPERATIVE PROJECT TO MAKE ROADWAY IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY ALONG SOUTHWEST 22ND TERRACE BETWEEN SOUTHWEST 29TH AND SOUTHWEST 31STAVENUES, MIAMI, FLORIDA, WHEREIN THE CITY WILL CONTRIBUTE FUNDS, IN THE AMOUNT OF $193,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311714, ENTITLED "DISTRICT 4, QUALITY OF LIFE," UNDER THE HOMELAND DEFENSE - NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; FURTHER RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, THAT IT IS IN THE BEST INTEREST OF THE PUBLIC TO SELECT THE CORAL VIEW CONTRACTOR AND DESIGN FIRM FOR THIS WORK BY METHOD OTHER THAN COMPETITIVE PROCUREMENT. WHEREAS, under the Charter and Code of the City of Miami, Florida, as amended, the City of Miami ("City") is duly empowered to build, construct, operate and maintain municipal improvements, including public rights -of -way, throughout the City; and WHEREAS, the City, through various departments including the Department of Capital Improvements, implements projects and programs to improve and enhance public rights -of -way and seeks input from community stakeholders, residents, property owners and businesses in preparing such projects; and WHEREAS, CORAL VIEW, L.C. ("CORAL VIEW") is the fee simple owner and developer of real property located at 3000 Coral Way, Miami, Florida, on which it is constructing a new mixed -use project known as the "Aston," containing approximately 226 living units ("Development"), in furtherance of the City's goal of creating market -rate housing near Downtown; and WHEREAS, the south side of the Development fronts Southwest 22nd Terrace, a City right-of-way; and WHEREAS, residents in the vicinity of the Development have requested, and the City has confirmed the need for, improvements to Southwest 22nd Terrace between Southwest 29th and 31 st Avenues ("Street Segment"), in the form of full roadway reconstruction, including new pavement, curb and gutters, drainage, driveway aprons, sidewalks, landscaping, pavement markings and signage ("Road Improvements"), having a total estimated cost of $193,000; and WHEREAS, the Road Improvements would further the ease of travel, flow of traffic and enhance the aesthetic appearance of the Street Segment; and WHEREAS, CORAL VIEW is committed to make certain improvements, valued at approximately $39,000, to Southwest 22nd Terrace immediately in front of its property pursuant to City building permits issued for the Development ("Developer Improvements"), and thus has already engaged or will hire qualified firms to design and construct those improvements in the right-of-way; and City of Miami Page 1 of 4 File Id: 03-0229 (Version: 2) Printed On: 8/22/2016 File Number: 03-0229 Enactment Number: R-03-1208 WHEREAS, CORAL VIEW proposes to design, engineer, and construct the Road Improvements on behalf of the City at the same time as it performs those tasks for the Developer Improvements, to minimize traffic and related disruptions within the area; and WHEREAS, allowing CORAL VIEW to design and construct the Road Improvements is expected to lower the cost by eliminating or reducing customary expenses such as contractor mobilization; and WHEREAS, the City Commission finds and determines that the design, engineering and construction of the Road Improvements will promote the safety and welfare of the citizens of the City by providing or enhancing the public right-of-way and thus serves a valid public purpose; and WHEREAS, the City Commission hereby finds and determines that construction of the Improvements within the public right-of-way will primarily benefit the general public; and WHEREAS, the attached Project Cooperation Agreement ("Agreement") sets forth the duties and responsibilities of the City and CORAL VIEW with regard to the design and construction of the Road Improvements, including the City's contribution of funds in the maximum amount of $193,000 for said purpose; and WHEREAS, funds for this purpose are available from Capital Improvement Project No. 311714, "District 4 - Quality of Life," under the Homeland Defense - Neighborhood Improvement Bond Program; and WHEREAS, the City's Bond Oversight Board additionally reviewed and approved of the proposed use of such funds at its meeting of October 28, 2003; and WHEREAS, the City Manager additionally finds and recommends that it is in the public's best interest to waive competitive bids and select, outside of a City competitive procurement process, the CORAL VIEW construction firm, Harrison -Phelps Construction, Inc., as an appropriately licensed contractor that is uniquely qualified to undertake and perform such work on behalf of the City because: it has an existing written proposal on file with CORAL VIEW to perform work at the Development, it is prepared to be present and mobilized on site, and it is familiar with the work, the project, and the physical conditions of the property; and WHEREAS, the City Manager further finds that there is a valid public emergency justifying the waiver of requirements of the Consultants Competitive Negotiations Act ("CCNA"), as applicable, therefore allowing the selection of the CORAL VIEW design and engineering firm, Bermello-Ajamil and Partners, Inc. to design the Road Improvements, because: there is insufficient time to conduct applicable competitive procurement processes and still meet the time line that affords the lowest cost to the public, said design firm is already engaged by the Developer, it is duly qualified to perform the work, and it has personnel ready, willing and able to perform the work; and WHEREAS, this matter is being considered at a duly advertised public meeting and the City Commission having considered Sections 18-87 (Professional Services under the Consultant's Competitive Negotiation Act: "CCNA"), 18-89 (Public Works and Contracts) and 18-90 (Emergency Procurements) of the Code of the City of Miami, which are each deemed as being incorporated by reference herein as though set forth in full, and which sets forth the criteria for the aforementioned waiver of competitive processes; and WHEREAS, the applicable provisions of the City's Procurement Ordinance, as amended, were originally adopted prior to July 1, 1994; and provide for such emergency waivers; and WHEREAS, Willy A. Bermello, a registered architect and a principle of CORAL VIEW, is additionally a member of the City's Urban Development Review Board ("UDRB"), an advisory board to the Planning and Zoning Department Director, and cannot, without a waiver by the City Commission, transact business with the City pursuant to Section 2-614 of the City Code; and WHEREAS, Section 2-614 provides for a waiver of the conflict of interest provision where the services to be involved in the proposed transaction are unique and the City cannot avail itself of such City of Miami Page 2 of 4 File Id: 03-0229 (Version: 2) Printed On: 8/22/2016 File Number: 03-0229 Enactment Number: R-03-1208 services without entering into a transaction which would violate this secion but for waiver of its requirements, and where the proposed transaction will be to the best interest of the Ciy, both of which conditions have been met; 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. The City Manager is authorized{1} to execute the Agreement, in substantially the attached form, between the City and CORAL VIEW to provide for the City's participation in a cooperative project to enhance and upgrade improvements in the public right-of-way as specified in the Agreement along Southwest 22nd Terrace from Southwest 29th to Southwest 31 st Avenues, Miami, Florida, wherein CORAL VIEW will design, engineer and construct the improvements, and the City will contribute funds, in an amount not to exceed $193,000, toward the cost of improvements, with funds allocated from Capital Improvement Project No. 311714, "District 4 - Quality of Life Improvements," under the Homeland Defense - Neighborhood Improvement Bond Program for this purpose. Section 3. By a four -fifths (4/5ths) affirmative vote, the City Manager's finding of an emergency that it is in the best interest of the public to waive competitive bidding procedures and/or proposals, as applicable, and select, outside of a City competitive procurement process, the CORAL VIEW professional design and construction firms, who are an appropriately certified professional architects, landscape architects and engineers, or licensed and certified contractors, as applicable, that are uniquely qualified and the only reasonable source of supply, given their existing business relations with the Developer, to perform work on the public right-of-way adjacent to the Development and to undertake and perform such work on behalf of the City is ratified, approved and confirmed. Section 4. By a four -fifths (4/5ths) affirmative vote, the conflict of interest provisions, specifically, the prohibition against City officials transacting business with the City, are waived for Willy A. Bermello as a principal and officer of CORAL VIEW and member of the City's Urban Development Review Board, pursuant to Section 2-614 of the City Code, as his services are unique and the City cannot avail itself of such services and enter into this transaction which would violate this section but for a waiver of these requirements and this transaction will be in the best interests of the City. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 3 of 4 File Id: 03-0229 (Version: 2) Printed On: 8/22/2016 File Number: 03-0229 Enactment Number: R-03-1208 {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 Page 4 of 4 File Id: 03-0229 (Version: 2) Printed On: 8/22/2016