HomeMy WebLinkAboutMemo - Bid WaiverCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Johnny :Martinez, P.F.,
City Manager
1: Mark Spanioli, P.E., Director
Capital Improvements and
Transportation Program
DATE: February 11, 2014 FILE:
SUBJECT: Emergency Finding - Waiver of
Competitive Bidding Per Sec. 18-85(a) City Code for
the Design District Roadway and Stormwater
Improvements Project
REFERENCES: CIP Project No, B-30985.
ENCLOSURE'S:
This memorandum respeettlilly requests your approval and adoption of the below described findings
authorizing the waiver of competitive procurement procedures and authorizing the selection of a
construction manager to complete certain capital improvements for the Design District Roadway and
Stormwater Improvements Project No. B-30985. Specifically, the construction manager will be tasked
with completing the installation of storm drainage, sanitary sewer, water distribution, sidewalks,
curbing, paving, sidewalk pavers, tabletop crossings, trees and lighting (the "Right -of -Way
Improvements") along NE 38th and NE 39th Streets between NE lst and NE 2nd Avenues on behalf of
the City of Miami ("City").
FINDINGS
During the last legislative session, Oak Plaza Associates (Del.), LLC, a Delaware limited liability
company, ("Oak Plaza") on behalf of the City, procured a $1 million appropriation for capital
improvements within the Miami Design District, which appropriation was adopted as part of the Fiscal
Year 2014 State Budget (the "Appropriation").
Oak Plaza, through its contractor, Coastal Construction Group of South Florida, Inc. ("Coastal"), has
been advancing a series of related right-of-way improvements in the immediate area of the proposed
Right -of -Way Improvements and is uniquely qualified to undertake the project
Per State of Florida ("State") rules governing grants funded with such appropriations, the
Appropriation must be expended before the end of the current fiscal year or June 30th, 2014. As such
the time required to competitively award the project will jeopardize the funding for the project.
It is neither practical nor advantageous to the City to procure the desired Right -of -Way improvements
via competitive bidding given the economies of scale and efficiencies realized via the use of Coastal,
through Oak Plaza, and the limited time available to timely expend the Appropriation.
Therefbre, the administration requests a waiver of the competitive bidding requirements fin the Right -
of -Way Improvements as such approval would ensure the timely expenditure of the Appropriation,
ensure the proper coordination of the on -going improvements with the desired Right -of -Way
improvements, and as such approach is most practical and advantageous to the City.
This action is being considered pursuant to Florida Statutes 255.20(1)(c)(10) (Local Bids & Contracts
for Public Construction Works) and Section 18-85(a) of the City Code (Competitive Sealed
Bidding/Waiver Procedures). This criterion is to be considered in this manner as set forth in the
proposed resolution and in these Code sections and in F.S. 255.20, which are deemed to be
incorporated by reference herein and are available as public records from. the City.
The City has determined that the most expeditious method of providing the desired Right -of -Way
Improvements is to allow Oak Plaza to engage its existing contractor, Coastal, in effort to complete the
project in conjunction with ongoing improvements in the immediate area.
Your signature below will indicate your concurrence with the above recommendation and your
acceptance of these findings as your own justification for the waiver of competitive bidding procedures
and recommendation.
Approved by:
ly Martin, P.E.
City nager
Date:
4 klt
cc: Alice N. Bravo, P.E., Assistant City Manager/Chief ofinfrastructure
Pablo Velez, CPPB, Interim Director/Chief Procurement Officer
Victoria Mendez, City Attorney
Mark Spanioli, P.E., Director, Capital Improvements Program