HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID:
Date: 2/4/14
14-00108
Requesting Department: CIP
Commission Meeting Date: 3/27/14 District(s) Impacted: 5
Law Department
Matter ID No.
Type: Resolution ❑ Ordinance n Emergency Ordinance ❑ Discussion Item LI Other
Subject: A Resolution ratifying, confirming and approving the City Manager's written finding of an emergency,
waiving competitive bidding procedures for the Design District Roadway and Stormwater Improvements Project
No. B-30985, and further authorizing the City Manager to execute a Development Management Agreement with
Oak Plaza Associates (Del.), LLC, in an amount not to exceed $1,500,000.
Purpose of Item:
It is respectfully recommended that the Miami City Cominission adopt the attached resolution, by a four -fifths
(4/5th's) affirmative vote, ratifying, confirming and approving the City Manager's written finding of an emergency,
waiving competitive bidding procedures for public infrastructure and right-of-way improvements within the Miami
Design District, as not being practical or advantageous to the City of Miami; and further authorizing by a four -fifth
(4/5's) affirmative vote, pursuant to Section 255.20, Florida Statutes, the City Manager to execute a Development
Management Agreement ("Agreement") in substantially attached form, between the City of Miami and Oak Plaza
Associates (Del.), LLC, ("Oak Plaza"), for the Design District Roadway and Stormwater Improvements Project
No, B-30985 ("Project"), for the procurement and completion of the construction of the right-of-way
improvements, through the Contractor, which consists of enhancements to the portions of NE 38th and 39th Streets
between NE 1st and 2nd Avenues, based upon the criteria and procedures set forth in Section 18-85(9a) and other
Sections of the city code and the City Managers written findings. Funds will be allocated in an amount not to
exceed $1,500,000, consisting of a $1,000,000 Grant from The Department of Economic Opportunity Division of
Community Development, ("DEO") and a fifty percent (50%) fund match in the not to exceed amount of
$500,000, from Capital Improvements Program Project No. B-30985 for said purpose.
Background Information:
Please see attached page 2.
Budget Impact Analysis
YES Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: B-30985
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
$1,500,000
If using or receiving capita[ funds
Grants N/A
Final Approvals
(SIGN AND DATE)
Budget
Risk Mgement
Purchasing N/A Dept. Director
Chief %�®� City Manage
Page 2 Continued from previous page
On October 24, 2013, the City Commission passed Resolution No. 13-0437, allocating the required $500,000.00
fifty percent (50%) match in order to secure the appropriation and the Grant Funds proceeds in the amount of
$1,000,000.00 from the DEO, which funding has been allocated solely from the City's Capital Improvements
Program ("CIP") Project No. B-30985, to underwrite the costs of Public Infrastructure and Public Right -of -Way
Improvements within the Miami Design District. The $1,500,000 Appropriation from CIP Project B-30985 is
comprised of $500,000 of City funds and $1,000,000 of DEO funds for the use of Public Infrastructure work within
the Design District area. Resolution No.14-0063, passed on February 27, 2014, by the City Commission, approved
the Grant Agreement ("Grant Agreement") between the City and DEO, DEO rules require that the Appropriation be
expended by no later than June 30th of the current fiscal year. Due to this time constraint of the Grant Agreement,
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. Oak Plaza has agreed to retain Coastal Construction of Miami -
Dade County, Inc., ("Coastal") as the contractor to perform the work identified in the project scope, as described in
"Exhibit A", herein attached. Section 18-85 (9a) of the Code of the City of Miami, Florida, as amended ("City
Code") requires competitive 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. 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 through its contractor, Coastal, will perform the related
improvements and enhancements within the right-of-way along NE 38th & 39th Streets between NE 1st and 2nd
Avenues, Miami, Florida. The City Manager further recommends pursuant to Section 255.20, Florida Statutes, the
execution of an agreement in substantially attached form, between the City and Oak Plaza as Development
Manager, based upon the criteria and procedures set forth in 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.
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