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HomeMy WebLinkAboutMemo - Bid WaiverCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: FROM : Daniel J. Alfonso City Manager Henry Torre, Director Public Facilities DATE: SUBJECT: REFERENCES: ENCLOSURES: May 30, 2014 FILE : Waiver of Competitive Bidding Per Sec. 18-85(a) for Brickell City Center Special Area Plan This memorandum respectfully requests your approval and adoption of the below described findings authorizing the waiver of competitive procurement procedures and authorizing the selection of a Development Manager to complete certain capital improvements for the Brickell City Center Special Area Plan ("SAP") Project No. B-30837. Specifically, the Development Manager will be tasked with all management, supervision, manpower, equipment, tools and all other necessary goods and services for the design and construction of the improvements in the public infrastructure and the public right-of-ways of a traffic improvement project at SW/SE 6th Street and South Miami Avenue ("Project") on behalf of the City of Miami. FINDINGS Pursuant to the applicable provisions of Chapter 163, Florida Statutes, Section 3.9 of the Miami 21 Code, and per Ordinance No. 13278, adopted on July 28, 2011, the City Commission approved a Development Agreement with Swire Properties, Inc. ("Swire") in conjunction with the Brickell City Centre Special Area Plan ("SAP"). In 2012 the City began to evaluate ways to improve traffic flow in the vicinity of the SAP. Currently, in order to travel west to 1-95, all of the properties that are west of Brickell Avenue and north of SE 6th Street have to either make a circuitous route westward on SE 5th Street or travel on Brickell Avenue to get to SE 7th Street, both roads of which are already heavily congested. On March 27, 2014, the City Commission amended the SAP by adopting Ordinance 13440, which required that Swire or its affiliate(s) undertake certain improvements in the public infrastructure and the public right-of-ways, including the design and construction of a traffic improvement at SW/SE 6th Street and South Miami Avenue, in conjunction with the City and Miami -Dade County. The City now wishes for the Development Manager to implement the Project as a means to accomplish the goals and purposes of the afore -mentioned traffic study. The Development Manager is an indirect, wholly -owned subsidiary of Swire. May 30, 2014 of 3 Road Improvements Therefore, the administration requests a waiver of the competitive bidding requirements for the Right -of -Way Improvements as such approval would ensure the timely expenditure of the Appropriations and ensure the proper coordination of the on -going improvements with the desired Right -of -Way Improvements. The city has determined that the most expeditious method of providing the desired Right -of -Way Improvements is to allow the Development Manager to complete the project in conjunction with ongoing improvements in the immediate area. 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 the 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. 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 recommendations. Approved by: J )i �� �,� _ Date: Daniel J. Alf City Manager cc: ` ` lice N. Bravo, P.E., Deputy City Manager/Chief of Infrastructure Pablo Velez, CPPB, Interim Director/Chief Procurement Officer Victoria Mendez, City Attorney Mark Spanioli, P.E., Director, Capital Improvements Program PF140007 May 30, 201.4 Page 2 of 3 BCC' Road Improvements At the City Commission meeting of May 22, 2014, the City Commission approved a purchase and sale agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("TIITF") for the land needed to implement the traffic circle. The acquisition that was approved was for certain property located at 602 South Miami Avenue and 614 South Miami Avenue, the costs of which were funded directly by a donation from Swire in the amount of Four Million One Hundred Sixty Five Thousand and 00/100 Dollars ($4,165,000.00) and from easement fees in the amount of Seven Hundred Thousand and 00/100 Dollars ($700,000.00) paid by Swire to the City in connection with its easement below and above SE 6th Street (collectively the "Property"). In addition, the City Commission approved the conveyance of the Property to the Development Manager for purposes of the design and construction of public improvements. The City and the Development Manager recognize that the ultimate design and construction of the Project will be subject to review and approval by Miami -Dade County ("County") and that the timing for completion of the Project may be impacted by the County's approval process and requirements. The City has agreed 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, in its entirety, represents money Swire either has paid or will pay to the City in the form of Development 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 the City is not allocating or providing any other sum as the City Contribution, except as set forth above. The Development Manager has agreed to fund the remaining balance of approximately Three Million Two Hundred Thousand and 00/100 Dollars ($3,200,000.00) of the costs associated with the design and construction of the Project, and will be responsible for maintenance associated with the Project, once constructed. In light of the information above, the City and the Development Manager desire to enter into an Agreement for the design, construction, and maintenance of an intersection improvement at the intersection of South Miami Avenue and SW/SE 6th Street in the City of Miami, Florida, to allow westbound traffic on SE 6th Street to continue travelling west through the intersection, specifically located on public right-of-way. The Development Manager 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. The Development Agreement implements a project of a government 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 of Miami, 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.