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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov,com
File Number; 14-00456 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(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 BRICKELL CITY CENTRE SPECIAL AREA
PLAN, FOR IMPROVEMENTS AND ENHANCEMENTS TO PORTIONS OF
CITY -OWNED PUBLIC RIGHTS -OF -WAY ALONG SOUTHWEST/SOUTHEAST 6TH
STREETAND SOUTH 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 NEGOTIATE
AND EXECUTE A DEVELOPMENT MANAGEMENTAGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY AND BCC ROAD
IMPROVEMENT LLC, A FLORIDA LIMITED LIABILITY CORPORATION, TO
PROVIDE ALL MANAGEMENT, SUPERVISION, MANPOWER, EQUIPMENT,
TOOLS AND ALL OTHER NECESSARY GOODS AND SERVICES FOR THE
DESIGN AND CONSTRUCTION AND MAINTENANCE OF THE RIGHT-OF-WAY
IMPROVEMENTS 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 ONE MILLION SIX HUNDRED TWO THOUSAND TWO
HUNDRED FOURTEEN DOLLARS ($1,602,214,00); ALLOCATING FUNDS FROM
DEVELOPMENTS OF REGIONAL IMPACT TRANSPORTATION FEES FOR SAID
PURPOSE AND PROVIDING FOR A REVERTER CLAUSE.
WHEREAS, pursuant to the applicable provisions of Chapter 163, Florida Statutes, Section 3,9
of the Miami 21 Code, and pursuant to Ordinance No. 13278, adopted July 28, 2011, the City
Commission approved a Development Agreement in conjunction with the Brickell City Centre Special
Area Plan ("SAP") which Development Agreement, as amended, contemplates that Swire Properties,
Inc, ("Swire") or its affiliate(s), will undertake certain improvements in the public infrastructure and the
public right-of-ways, including the design and construction of a traffic improvement at
Southwest/Southeast 6th Street and South Miami Avenue, Miami, Florida, in conjunction with the City
of Miami ("City") and Miami -Dade County ("County"); and
WHEREAS, pursuant to Resolution No. 14-0208, adopted May 22, 2014, the City Commission
approved the purchase and sale agreement with the Board of Trustees of the Internal Improvement
Fund of the State of Florida ("TIIF") for the acquisition of that certain property located at 602 South
Miami Avenue (Folio No. 01-4138-070-0020) and 614 South Miami Avenue (Folio No.
01-4138-070-0020), as legally described in Exhibit "A" ("Property"), attached and incorporated, the
costs of which were funded directly by Swire and from easement fees paid by Swire to the City in
City of Miami Page 1 of 3 File Id: 14-00456 (Version: 1) Printed On: 6/3/2014
File Number.• 14-00456
connection with its easement below and above Southeast 6th Street, Miami, Florida; and
WHEREAS, pursuant to Resolution No. 14-0209, adopted May 22, 2014, the City Commission
approved the assignment of the Property to Swire for purposes of the design and construction of
public improvements; and
WHEREAS, the City and Swire desire to enter into an Agreement for the design, construction,
and maintenance of an intersection improvement at the intersection of South Miami Avenue and
Southwest/Southeast 6th Street, Miami, Florida, to allow westbound traffic on Southeast 6th Street to
continue travelling west through the intersection, specifically located on public right-of-way and on the
Property ("Project"); and
WHEREAS, in 2013, the City contracted with an engineering firm known as HNTB Corporation,
Inc. in order to examine ways to improve traffic flow in the vicinity of the Project, and the City now
wishes for Swire to implement the Project as a means to accomplish the goals and purposes of that
study; and
WHEREAS, City and Swire recognize that the ultimate design and construction of the Project
will be subject to review and approval by the County and that the timing for completion of the Project
may be impacted by the County's approval process and requirements; and
WHEREAS, Swire represents that it possesses the requisite expertise and desires to enter into
an agreement to act as the development manager to design, construct, and maintain the Project in a
timely manner, as set forth herein; and
WHEREAS, the attached Development and Management Agreement ("Agreement")
implements a project of a governmental agency or instrumentality, and effectuates a public purpose
furthering the general health, safety and welfare of the City as it enhances and the current roadway
system and traffic circulation in the Brickell area of the City, which is known as the City's Financial
District and which is becoming an increasingly important center of activity for the City's workforce,
residents, guests and visitors; and
WHEREAS, the City agrees to contribute a sum not to exceed One Million Six Hundred and
Two Thousand Two Hundred Fourteen and 00/100 Dollars ($1,602,214.00), which represents money
Swire either has paid or will pay to the City in the form of Developments of Regional Impact ("DRI")
Transportation Fees associated with Brickell City Centre, to be expended towards the costs of
construction of the Project, hereinafter the "City Contribution"; and
WHEREAS, the City Manager has made a written finding that competitive bidding is not
practicable or advantageous to the City for the reasons stated herein and this is a procedure
established by and expressly set forth in the City's Procurement Ordinance; and
WHEREAS, Swire has agreed to fund the remaining balance of the costs associated•with the
design and construction of the Project; and
WHEREAS, Swire will be responsible for maintenance associated with the Project, once
constructed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
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File Number: 14-00456
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 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, for improvements and enhancements
to portions of City -owned public rights -of -way along Southwest/S•outheast 6th Street and South 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 negotiate and execute an Agreement, in substantially
the attached form, between the City and BCC Road Improvement LLC, a Florida Limited Liability
Corporation,, to provide all management, supervision, manpower, equipment, tools and all other
necessary goods and services for the design and construction and maintenance of the right-of-way
improvements 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 One Million Six Hundred Two Thousand Two Hundred Fourteen Dollars ($1,602,214.00),
with funds allocated from DRI Transportation Fees for said purpose and providing for a reverter
clause.
Section 4, This Resolution shall become effective immediately upon adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MI NDEZ
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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