The URL can be used to link to this page

Home My WebLink AboutR-15-0146City of Miami Legislation Resolution: R-15-0146 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00244 Final Action Date: 3/26/2015 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 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 City of Miami Page 1 of 3 File Id: 15-00244 (Version: 2) Printed On: 2/16/2018 File Number: 15-00244 Enactment Number: R-15-0146 welfare of the City as it enhances, improves and expands the public infrastructure, rights -of -ways, and 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 42nd Street and Northeast 51 st Street, Project No. B-78508, "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 City of Miami Page 2 of 3 File Id: 15-00244 (Version: 2) Printed On: 2/16/2018 File Number: 15-00244 Enactment Number: R-15-0146 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 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} 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. City of Miami Page 3 of 3 File Id: 15-00244 (Version: 2) Printed On: 2/16/2018