HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00244 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
RECOMMENDATIONS AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 255.20,
FLORIDA STATUTES, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI FOR PROJECT NO. B-78513 "NE 2
AVENUE/DESIGN DISTRICT," FOR IMPROVEMENTS AND ENHANCEMENTS TO
PORTIONS OF MIAMI-DADE COUNTY -OWNED PUBLIC RIGHTS -OF -WAY ALONG
NORTHEAST 2ND AVENUE, FROM NORTHEAST 38TH TO NORTHEAST 42ND
STREET LOCATED IN A DESIGNATED ENTERPRISE ZONE WITHIN THE CITY'S
DESIGN DISTRICT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH FCAA, LLC, AS DEVELOPMENT MANAGER FOR THE PROCUREMENT AND
CONSTRUCTION OF THE RIGHT-OF-WAY IMPROVEMENTS BASED UPON THE
CITY MANAGER'S WRITTEN FINDINGS, ATTACHED AND INCORPORATED, IN AN
AMOUNT NOT TO EXCEED $2,000,000.00; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENTS AND TRANSPORTATION PROGRAM PROJECT NO. B-78513
"NE 2 AVENUE/DESIGN DISTRICT," FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") desires to enter into a Management Agreement
("Agreement") with FCAA, LLC, ("FCAA"), for the infrastructure enhancements to portions of
Miami -Dade County ("County") owned public rights -of -way along Northeast 2nd Avenue, from
Northeast 38th to Northeast 42nd Street located in a designated Enterprise Zone within the Miami
Design District ("Design District"), in conjunction with Capital Improvements and Transportation
Program's ("CITP") Design District Roadway and Stormwater Project No. B-78513 "NE 2
Avenue/Design District" ("Project"); and
WHEREAS, FCAA represents that it possesses the requisite expertise and desire to enter into an
Agreement with the City, to act as the development manager to provide the services as set forth
herein; and
WHEREAS, pursuant to the applicable provisions of Chapter 163, Florida Statutes, Section 3.9 of
the Miami 21 zoning ordinance ("Miami 21"), and per Ordinance No. 13412, adopted on October 24,
2013, amending Ordinance No. 13335, which was adopted on July 26, 2012, the City Commission
approved a Development Agreement in conjunction with the Miami Design District Retail Street Special
Area Plan ("SAP"), which requires that FCAA's affiliates undertake certain improvements in the public
infrastructure and the public right-of-ways; and
WHEREAS, this Agreement serves a public purpose furthering the general health, safety, and
welfare of the City as it enhances, improves and expands the public infrastructure, rights -of -ways, and
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thoroughfares in the Design District; and
WHEREAS, the 2014 Legislature of the State of Florida ("State"), from the funds provided in
Specific Appropriation 2242A, allocated a total of $2,000,000.00 as follows:: $1,000,000.00 of
nonrecurring funds from the State Economic Enhancement and Development Trust Fund, and
$1,000,000.00 of nonrecurring general revenue funds, to the City for public infrastructure
improvements within the Design District located in the Enterprise Zone ("State Grant"); and
WHEREAS, the State Grant is contingent upon the City and/or County providing a fifty percent
(50%) match in either the form of a cash contribution or a capital project that benefits the area; and
WHEREAS, the City is providing a match in the form of a capital project that benefits the area, in
enhancements to portions of County -owned public rights -of -way along Northeast 2nd Avenue, between
Northeast 38th Street and Northeast 42nd Street, Project No. B-78513, "Design District Improvements
Project" ("City Match"), in order to secure the State Grant proceeds in the amount of $2,000,000.00
from the State; and
WHEREAS, this Agreement implements the expenditure of a sum not to exceed $2,000,000.00 to
be expended solely on work within the public infrastructure and rights -of -ways, which money is not a
charge against the general funds or accounts of the City, but is limited to the $2,000,000.00 State
Grant funds allocated from the funds provided in Specific Appropriation 2242A in the 2014 Legislature
of the State; and
WHEREAS, the Department of Economic Opportunity rules require that the Appropriation be
expended by no later than June 30, 2015; and
WHEREAS, FCAA has agreed to retain The Redland Company, Inc. ("Contractor") to perform the
work identified in the project scope, as described herein, within the available funds, and to also cover
the costs of any funding shortfalls to complete the desired improvements; and
WHEREAS, the funding source for the public infrastructure and right-of-way improvements may be
lost because the time required to competitively bid and award the Project after funds have become
available exceeds the time within which the funding source must be spent; and
WHEREAS, Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"),
requires 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 (4/5ths) vote of the City
Commission, where the City Manager has made a written finding and presented to the City
Commission that competitive sealed bidding should be waived because it is not practicable or
advantageous to the City; and
WHEREAS, the City Manager recommends the waiver of sealed competitive bids for the
right-of-way improvements to be done by FCAA, through its Contractor, with funds coming from CITP
Project No. B-78513 "NE 2 Avenue/Design District," and the proceeds of the Grant Agreement, as the
bid waiver will allow FCAA, through its contractor, to complete the desired improvements in a timely
and efficient manner, which is most practical and advantageous to the City; and
WHEREAS, FCAA selected Contractor, as the licensed contractor for the improvements it is
currently undertaking within the subject rights -of -ways and, as such, the Contractor, under the
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supervision and direction of FCAA, is qualified to assure that the public infrastructure and right-of-way
improvements are timely performed and further provides efficiencies in staffing, consistency of
materials, scheduling, workmanship, and safety standards; and
WHEREAS, communications between trades working on the on -going improvements and
right-of-way improvements will better coordinate scheduling issues and avoid scheduling conflicts,
resulting in greater efficiencies with respect to pricing and timeliness of completion of the
improvements within the impacted rights -of -way; and
WHEREAS, the Contractor, as a result of its current work for FCAA, is familiar with site conditions,
the local labor market, and other factors affecting construction costs, thus increasing the likelihood that
the public infrastructure and right-of-way improvements will be performed within budget or at a
reduced total project cost; and
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 of the City Code and Section
255.20, Florida Statutes, waiving the requirements for competitive sealed bidding procedures as not
being practicable or advantageous to the City, for improvements and enhancements to portions of
County -owned public rights -of -way along Northeast 2nd Avenue, from Northeast 38th Street to
Northeast 42nd Street, Miami, Florida, in an amount not to exceed $2,000,000.00, with funds allocated
from the City's CITP Project No. B-78513 "NE 2 Avenue/Design District," and the State Grant from the
DEO, are ratified, approved, and confirmed.
Section 3. The City Manager is authorized {1 } to execute a Management Agreement, in
substantially the attached form, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
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 (10) 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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