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Home My WebLink AboutR-04-0785City of Miami Legislation Resolution: R-04-0785 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01313 Final Action Date: 12/9/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES AND FLORIDA STATUTES 255.20 AND 287.055 (KNOWN AS THE CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT-"CCNA"), FOR SELECTION OF THE ARCHITECT/ENGINEER AND CONTRACTOR FOR ROAD IMPROVEMENTS DEFINED HEREIN, RELATING TO THE MARY BRICKELL VILLAGE DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATION PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BRICKELL MAIN STREET, LLLP ("DEVELOPER"), TO PROVIDE FOR THE CITY'S PARTICIPATION IN A COOPERATIVE PROJECT TO MAKE ROADWAY IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAYS ALONG DESIGNATED STREETS DEFINED HEREIN AND ADJACENT TO THE MARY BRICKELL VILLAGE DEVELOPMENT; CREATING A PUBLIC PLAZAALONG BRICKELL PLAZA (SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA), WHEREIN THE CITY WILL CONTRIBUTE FUNDS FOR SAID PROJECT, IN THE AMOUNT NOT TO EXCEED $1,000,000, AND THE DEVELOPER WILL DESIGN AND CONSTRUCT THE IMPROVEMENTS; ALLOCATING SAID FUNDS, SUBJECT TO APPROVAL BY THE CITY'S BOND OVERSIGHT BOARD, IN THE AMOUNT NOT TO EXCEED $400,000, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 311712, ENTITLED "DISTRICT 2, QUALITY OF LIFE," B-30176, UNDER THE HOMELAND DEFENSE - NEIGHBORHOOD IMPROVEMENT BOND PROGRAM AND FUNDS FOR THE ROAD IMPROVEMENTS, IN THE AMOUNT NOT TO EXCEED $600,000, FROM CIP PROJECT NO. 341330 ENTITLED "CITYWIDE TRANSPORTATION & TRANSIT," B-30094. 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 and public plazas, throughout the City; and WHEREAS, Brickell Main Street, LLLP ("Developer") is the fee simple owner and developer of real property located within the area bounded by Southwest 1st Avenue on the west, Southwest 9th Street on the north, Brickell Plaza/Southeast 1st Avenue on the east and Southwest 10th Street on the south, Miami, Florida, on which it is constructing a new mixed -use project known as the Mary Brickell Village, containing approximately 382 residential units and over 197,000 square feet of commercial space ("Development"), in furtherance of the City's goal of creating market -rate housing near Downtown; and WHEREAS, the Development abuts certain designated streets, or public right-of-ways as follows: Southwest 1st Avenue, Southwest 9th Street, Brickell Plaza/Southeast 1st Avenue, Southwest 10th City of Miami Page 1 of 4 File Id: 04-01313 (Version: 1) Printed On: 10/19/2016 File Number: 04-01313 Enactment Number: R-04-0785 Street and South Miami Avenue ("Designated Streets"), Miami, Florida; and WHEREAS, the City has confirmed the need for improvements to portions of the Designated Streets in the form of full roadway reconstruction, including milling and resurfacing, reconstruction, drainage, curb and gutters, swales and sidewalk improvements ("Road Improvements") having an estimated construction value not to exceed $600,000; and WHEREAS, the Road Improvements would further ease the flow of traffic and enhance the aesthetics of the Designated Streets; and WHEREAS, the Developer is committed to make certain additional improvements on the Designated Streets, including, without limitation, lighting, utility adjustments and landscaping, valued at approximately $554,375 ("Developer Improvements"), and thus has already engaged or will hire qualified firms to design and construct those improvements in the rights -of -way; and WHEREAS, the Developer 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 the Developer 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 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 as a means of transportation and thus serves a valid public purpose; and WHEREAS, the Developer further proposes to construct an estimated 10,000 square foot public plaza located along Brickell Plaza (Southeast 1st Avenue) between Southeast 9th and Southeast 10th Streets, Miami, Florida, with said plaza to consist of, without limitation, walkways, lighting, seating and landscaping, and having an approximate construction value of $400,000; and WHEREAS, the Developer has asked for the City's financial assistance with the creation of the public plaza and, in return, will design and construct said plaza, convey title and ownership of the plaza improvements to the City upon completion, will provide complete and unfettered public access confirmed by an easement agreement, and will covenant to maintain the plaza in perpetuity; and WHEREAS, the City additionally finds and determines that the design, engineering and construction of the Plaza Improvements will promote the safety and welfare of the residents of the City by providing among other things, landscaping, walkways, lighting and seating as an urban resting space and gathering place, which will be open to the general public, and thus serves a valid public purpose; and WHEREAS, the attached Cooperation Project Agreement ("Agreement") sets forth the duties and responsibilities of the City and the Developer with regard to the design and construction of the Road Improvements and the Public Plaza, including the City's contribution of funds in the maximum amount of $1,000,000 for said purpose; and City of Miami Page 2 of 4 File Id: 04-01313 (Version: 1) Printed On: 10/19/2016 File Number: 04-01313 Enactment Number: R-04-0785 WHEREAS, funds for the public plaza are available from Job B-30176, Capital Improvement Project No. 311712, "District 2 - Quality of Life," under the Homeland Defense - Neighborhood Improvement Bond Program and funds for the Road Improvements are available from Job B-30094, Capital Improvement Project No. 341330, "Citywide Transportation & Transit;" and WHEREAS, the City's Bond Oversight Board must review and approve the proposed use of such funds prior to use; 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 Developer construction firm, Bovis Lend Lease, Inc., to perform the Road Improvements 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 the Developer 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 Developer design and engineering firm, Wolfberg Alvarez 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 Florida Statutes 255.20 and 287.055(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; WHEREAS, Florida Statute 255.20 allows the City to use any contract arrangement with a private sector contractor to award contracts for public construction work that is allowed by municipal ordinance ; and WHEREAS, the procedures required by 287.055, Florida Statutes can be waived if there is a finding of a valid public emergency certified by the agency head; and WHEREAS, the City is complying with the aforementioned laws and procedures; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's finding of an emergency, waiving competitive bidding procedures and Florida Statutes City of Miami Page 3 of 4 File Id: 04-01313 (Version: 1) Printed On: 10/19/2016 File Number: 04-01313 Enactment Number: R-04-0785 255.20 and 287.055 (known as the CCNA), for the selection of the Architect/Engineer and Contractor, the professional design and construction firms for road improvements relating to the Development; which are the Developer, namely Wolfberg Alvarez and Partners (architects/engineers), and Bovis Lend Lease Inc. (contractor), that are an appropriately certified professional architecture, landscape architecture and engineering firms, 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 3. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, between the City and the Developer, to provide for the City's participation in a cooperative project to make roadway improvements in the public right-of-ways along designated streets defined herein and adjacent to the Development, creating a public plaza along Brickell Plaza (Southeast 1st Avenue, Miami, Florida), wherein the City will contribute funds, in the amount not to exceed $1,000,000, and the Developer will design and construct the improvements, with funds, subject to prior approval by the City's Bond Oversight Board, allocated for the public plaza in the amount not to exceed $400,000, from Capital Improvement Project ("CIP") No. 311712, entitled "District 2, Quality of Life," B-30176, under the Homeland Defense -Neighborhood Improvement Bond Program and funds for the road improvements in the amount not to exceed $600,000, from CIP Project No. 341330 entitled "Citywide Transportation & Transit", B-30094. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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 Page 4 of 4 File Id: 04-01313 (Version: 1) Printed On: 10/19/2016