HomeMy WebLinkAboutLegislation (Version 2)City 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), BYA
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85(9A) 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 ("MIAMI") FOR THE DESIGN DISTRICT ROADWAY AND
STORMWATER IMPROVEMENTS PROJECT, NO. B-30985, FOR IMPROVEMENTS
AND ENHANCEMENTS TO PORTIONS OF CITY -OWNED PUBLIC
RIGHTS -OF -WAY ALONG NORTHEAST 38TH AND 39TH STREETS, BETWEEN
NORTHEAST 1ST AND 2NDAVENUES, MIAMI, FLORIDA; FURTHER
AUTHORIZING BYA FOUR -FIFTHS (4/5 THS) AFFIRMATIVE VOTE, PURSUANT
TO SECTION 255.20, FLORIDA STATUTES, THE CITY MANAGER TO EXECUTE A
DEVELOPMENT MANAGEMENT AGREEMENT IN SUBSTANTIALLY THE
ATTACHED FORM, WITH OAK PLAZAASSOCIATES (DEL.), LLC, AS
DEVELOPMENT MANAGER, FOR THE PROCUREMENT AND CONSTRUCTION
OF THE COMPLETION OF THE RIGHT-OF-WAY IMPROVEMENTS BASED UPON
THE CRITERIA AND PROCEDURES SET FORTH IN SECTION 18-85(9A) 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 CAPITAL IMPROVEMENTS PROGRAM
PROJECT NO. B-30985, FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") desires to enter into a Development Management
Agreement ("Agreement") with Oak Plaza Associates (DEL.) LLC, ("Oak Plaza") for the infrastructure
enhancements to portions of City -owned public rights -of -way along Northeast 38th and 39th Streets
between Northeast 1st and 2nd Avenues in the Miami Design District, Miami, Florida, in conjunction
with Capital Improvements and Transportation Program's ("CIP") Design District Roadway and
Stormwater Project, No. B-30985 (the "Project"), and
WHEREAS, Oak Plaza represents that it possesses the requisite expertise and desires to
enter into an Agreement to act as the development manager to provide the services as set forth
herein; and
WHEREAS, pursuant to the applicable provisions of Chapter 163, Florida Statutes, Section 3.9
of the Miami 21 Code, and per 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 ("SAP") which Development Agreement requires that Oak Plaza's affiliates undertake
certain improvements in the public infrastructure and the public right-of-ways; and
City of Miami Page 1 of 4 File Id: 14-00108 (Version: 2) Printed On: 3/18/2014
File Number: 14-00108
WHEREAS, this Agreement implements the expenditure of a sum not to exceed $500,000.00
by the City to be expended solely on work within the public infrastructure and right-of-ways which
money is not a charge against the general funds or accounts of the City but is limited to the
$500,000.00 matching funds to be contributed by the City as a match to the $ 1,000,000.00
Department of Economic Opportunity Division of Community Development ("DEO") Grant Funds; and
WHEREAS, pursuant to Resolution No. 13-0437, adopted October 24, 2013, the City
Commission allocated the required $500,000.00 match to Project No. B-30985, in order to secure the
appropriation and the Grant Funds proceeds in the amount of $1,000,000.00 from the State of Florida;
and
WHEREAS, pursuant to Resolution No. 14-0063, adopted February 27, 2014, the City
Commission approved the Grant Agreement ("Grant Agreement") between the City and DEO for the
appropriation; and
WHEREAS, DEO rules require that the Appropriation be expended by no later than June 30th
of the current fiscal year; and
WHEREAS, Oak Plaza has agreed to retain Coastal Construction of Miami -Dade County, Inc.
("Coastal") to perform the work identified in the project scope, as described in "Exhibit A", herein
attached, within the available funds and cover the costs of any funding shortfalls to complete the
desired improvements; and
WHEREAS, the funding source for the Public Infrastructure and Right -Of -Way Improvements
may be lost because of the time required to competitively bid and award the Project after funds have
become available exceeds the time within which the funding source must be spent; and
WHEREAS, Section 18-85 (9a) 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 (4/5th's) 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, which finding is attached and
incorporated, concluding that competitive sealed bidding is not practicable or advantageous for the
City because Oak Plaza has retained Coastal to perform the related improvements within the
right-of-way along Northeast 38th and 39th Streets between Northeast 1st and 2nd Avenues, Miami,
Florida; 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:
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(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
(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 Development 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 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 recommendations and findings, pursuant to Section 18-85(9a) of the City Code, waiving the
requirements for competitive sealed bidding procedures as not being practicable or advantageous to
the City, for improvements and enhancements to portions of City -owned public rights -of -way along
Northeast 38th and 39th Streets between Northeast 1st and 2nd Avenues, 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 Development Management Agreement, in
substantially the attached form, with Oak Plaza as development manager, based upon the criteria and
procedures set forth in Section 18-85(9a) 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, with funds
allocated from the City's Capital Improvements Program Project No. B-30985, and Grant Funds from
DEO for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
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File Number: 14-00108
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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.
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