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Home My WebLink AboutR-14-0219City of Miami Legislation Resolution: R-14-0219 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00456 Final Action Date: 6/12/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) 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 STREET AND SOUTH MIAMI AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DEVELOPMENT MANAGEMENT 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 CRITERIAAND 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 City of Miami Page 1 of 3 File Id: 14-00456 (Version: 21 Printed On: 1/3/2018 File Number: 14-00456 Enactment Number: R-14-0219 costs of which were funded directly by Swire and from easement fees paid by Swire to the City in 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, these funds are not taxes, and are to be expended, at and near this Project, which is where its impact is felt; and City of Miami Page 2 of 3 File Id: 14-00456 (Version: 21 Printed On: 1/3/2018 File Number: 14-00456 Enactment Number: R-14-0219 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, 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/Southeast 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} 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 City of Miami Page 3 of 3 File Id: 14-00456 (Version: 21 Printed On: 1/3/2018