HomeMy WebLinkAboutSummary FormDate: 5/15/2014
AGENDA ITEM SUMMARY FORM
FILE ID: � 4-00456
Law Department
Matter ID No.
14-8
Requesting Department: Public Facilities/Asset Mgmt.
Commission Meeting Date: 6/12/2014 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Resolution for the Development and Management Agreement for South Miami Avenue and
SW/SE 6th Street.
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), by a 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 ("Miami") for the Brickell City Center Special Area Plan ("SAP"), for
improvements and enhancements to portions of city -owned public rights -of -way along SW/SE 6th Street and
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 Management
Agreement ("Agreement"), in substantially the attached form, between the City of Miami ("City") and BCC
Road Improvement, LLC, a Florida Limited Liability Corporation, (hereinafter "Development Manager"),
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); allocated funds from DRI Transportation fees for said purpose and
providing for a reverter clause.
Background Information:
See Supplemental Page
Budget Impact Analysis
NO 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:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
If using or receiving capital funds
Grants N/A
Final A +-1 rova
Purchasing N/A
Chief
SIGN AND DA ,
Budg .f
WIPP
Risk Managemen
Dept. Director
City Manager,
Page 1 of 2
SUPPLEMENTAL PAGE
Subject: Resolution for the Development and Management Agreement for South Miami Avenue and
SW/SE 6th Street.
Background Information:
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 in conjunction with the Brickell City Centre Special Area Plan ("SAP")
which Development Agreement, as amended, contemplates that 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 SW/SE 6th Street and South Miami Avenue,
in conjunction with the City and Miami -Dade County.
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" (the "Property"), the 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 SE 6th Street. The City Commission also approved the
assignment of the Property to Swire for purposes of the design and construction of public
improvements.
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
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 and
on the Property (the "Project"). In 2013 the City contracted with an engineering firm known as
HNTB 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. The City and Swire 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.
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. This 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.
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 DRI Transportation Fees associated with Brickell City
Centre, to be expended towards the costs of construction of the Project, hereinafter the "City
Contribution". Swire has agreed to fund the remaining balance of the costs associated with the
design and construction of the Project and Swire will be responsible for maintenance associated
with the Project, once constructed.
Page 2 of 2