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Home My WebLink AboutLegislation (Version 1) 02.27.14City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00108 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE DESIGN DISTRICT ROADWAY AND STORMWATER IMPROVEMENTS PROJECT, NO. B-30985, SPECIFICALLY, THE INSTALLATION OF STORM DRAINAGE, SANITARY SEWER, WATER DISTRIBUTION, SIDEWALKS, CURBING, PAVING, SIDEWALK PAVERS, TABLETOP CROSSINGS, TREES AND LIGHTING ALONG NORTHEAST 38TH AND 39TH STREETS BETWEEN NORTHEAST 2ND AVENUE AND NORTH MIAMI AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, THE CITY MANAGER TO EXECUTE A CONSTRUCTION MANAGEMENTAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH OAK PLAZAASSOCIATES (DEL.), LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS CONSTRUCTION MANAGER/CONTRACTOR, BASED UPON THE CRITERIA AND PROCEDURES SET FORTH IN SECTION 18-85 (A) AND OTHER SECTIONS OF THE CITY CODE, AND THE CITY MANAGER'S WRITTEN FINDINGS, ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $1,500,000.00; ALLOCATING FUNDS FROM THE CITY'S CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. B-30985, FOR SAID PURPOSE. WHEREAS, the Oak Plaza Associates (Del.), LLC, a Delaware limited liability company ("Oak Plaza") and its affiliates have undertaken a significant redevelopment project on more than twenty (20) acres within the Miami Design District with more than 2.6 million square feet of anticipated improvements; and WHEREAS, pursuant to Section 163.3221, Florida Statutes (2013) and Section 3.9 of Miami 21, pursuant to Ordinance No. 13335, adopted July 26, 2012, the City Commission approved a development agreement, in conjunction with the Miami Design District Retail Street Special Area Plan, obligating Oak Plaza's affiliates to undertake certain improvements within portions of the right-of-way abutting properties which they do not own; and WHEREAS, grant funding has been committed by the Department of Economic Opportunity Division of Community Development ("DEO") in an amount not to exceed $1,000,000.00 ("Grants Funds") contingent upon the provision of a fifty percent (50%) match in an amount not to exceed amount of $500,000.00, by the City of Miami's ("City's") Capital Improvements Program for the Design District Roadway and Stormwater Project, No. B-30985, ("Project") to underwrite the costs of Public Infrastructure and Right -of -Way Improvements within the Miami Design District; and City of Miami Page 1 of 4 File Id: 14-00108 (Version: 1) Printed On: 2/12/2014 File Number: 14-00108 WHEREAS, pursuant to Resolution No. 13-0437, adopted October 24, 2013, the City Commission allocated the required $500,000.00 match to secure the appropriation and the Grant Funds proceeds in the amount of $1,000,000.00, from the State of Florida; and WHEREAS, the City Commission has approved the grant agreement ("Grant Agreement") between the City and DEO for the appropriation; and WHEREAS, the DEO rules require that the appropriation be expended by no later than June 30th of the current fiscal year; and WHEREAS Oak Plaza, through its contractor Coastal Construction Group of South Florida, Inc. ("Coastal"), is presently mobilized within the area and, at present, advancing companion right-of-way improvements consistent with those authorized for reimbursement pursuant to the terms of the Grant Agreement; and WHEREAS, the funding source for the Public Infrastructure and Right -of -Way Improvements may be lost because the time required to competitively award the Project after funds become available exceeds the time within which the funding source must be spent; and WHEREAS, Section 18-85 (a) of the Code of the City of Miami, Florida, as amended ("City Code"), requires sealed bidding to procure the Public Infrastructure and Right -of -Way Improvements, and provides for a waiver of competitive sealed bidding by a four -fifths (4/5ths) vote of the City Commission where the City Manager has made a written finding, presented to the City Commission, that competitive sealed bidding should be waived because it is not practicable or advantageous to the City; and WHEREAS, the City Manager has made such a written finding, attached and incorporated, concluding that competitive sealed bidding is not practicable or advantageous for the City because Oak Plaza has engaged Coastal to perform the related improvements within the right-of-way on Northeast 38th and 39th Streets, Miami, Florida, and Coastal will be situated on site at the location of the proposed Right -of -Way Improvements; and WHEREAS, the City Manager recommends the waiver of sealed competitive bids for the Right -of -Way Improvements to be done by Oak Plaza, through its contractor Coastal, with funds coming from Capital Improvements Program Project No. B-30985 and the proceeds of the Grant Agreement, as the bid waiver will allow Oak Plaza, through its contractor, to complete the desired improvements in a timely and efficient manner, which is most practical and advantageous to the City; and WHEREAS, the City Commission, after conducting a noticed public hearing, finds that it is in the public's best interest that Oak Plaza, through its contractor Coastal, perform the Right -of -Way Improvements, as the City Commission finds that: (i) Oak Plaza selected Coastal, a licensed contractor, as the contractor for the improvements it is currently undertaking within the subject right-of-ways and, as such, Coastal, under the supervision and direction of Oak Plaza, is qualified to assure that the Public Infrastructure and Right -of -Improvements are timely performed and further provide efficiencies in staffing, consistency of materials, scheduling, workmanship and safety standards; and City of Miami Page 2 of 4 File Id: 14-00108 (Version: 1) Printed On: 2/12/2014 File Number: 14-00108 (ii) Communications between trades working on the on -going improvements and Right -of -Way Improvements will better coordinate scheduling issues and avoid scheduling conflicts, resulting in greater efficiencies with respect to pricing and timeliness of completion of the improvements within the impacted right-of-way; and (iii) Coastal, as a result of its current work for Oak Plaza, is familiar with site conditions, the local labor market, and other factors affecting construction costs, thus increasing the likelihood that the Public Infrastructure and Right -of -Way Improvements will be performed within budget or at a reduced total project cost; and (iv) Coastal will obtain all necessary permits to undertake the Right -of -Way construction activities as required by law; and WHEREAS, the parties now wish to enter into a Construction Management Agreement to address the construction of the Public Infrastructure and Right -of -Way Improvements; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendations and findings, pursuant to Section 18-85(a) of the City Code, waiving the requirements for competitive sealed bidding procedures, as not being practicable or advantageous to the City, for the Project, specifically, the installation of storm drainage, sanitary sewer, water distribution, sidewalks, curbing, paving, sidewalk pavers, tabletop crossings, trees, and lighting, along Northeast 38th and 39th Streets between Northeast 2nd Avenue and North Miami Avenue, Miami, Florida, are ratified, approved and confirmed. Section 3. By a four -fifths (4/5ths) affirmative vote, pursuant to Section 255.20, Florida Statutes, the City Manager is authorized {1} to execute a Construction Management Agreement, in substantially the attached form, with Oak Plaza, as construction manager/contractor, based upon the criteria and procedures set forth in Section 18-85 (a) and other sections of the City Code, and the City Manager's written findings, attached and incorporated, in an amount not to exceed $1,500,000.00, with funds allocated from the City's Capital Improvements Program Project No. N-30985, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY City of Miami Page 3 of 4 File Id: 14-00108 (Version: 1) Printed On: 2/12/2014 File Number: 14-00108 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: 14-00108 (Version: 1) Printed On: 2/12/2014