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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1191 Date: 10/14/2016 Commission Meeting Date: 11/17/2016 Type: Resolution Subject: Exec. Agrmnt. - Pallot Park Purpose of Item: Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 To authorize the City Manager to engage NMRT as Development Manager to install a new seawall at Pallot Park, which park improvements will be funded with monies already awarded by the Florida Inland Navigation District ("FIND") in the amount of $150,000, a 50% City -matching contribution of $150,000, and the remaining balance to be received from the Public Benefit Program Donation to the City by NMRT, pursuant to Resolution R-14-0421. The FIND funding opportunity, which was already set aside for the City of Miami, and approved under Resolution R-15-0091, will expire on September 30, 2017. This deadline does not allow for the time required to competitively bid and award this Project. The City Manager will be required to waive the requirements for competitive seal bidding for this Project on the premise that it is not practicable or advantageous to the City to decline a $150,000 grant for public improvements. Background of Item: Pursuant to City Adopted Resolution, R-14-0421, the Milton Family donated a public benefit improvement at Pallot Park in an amount of improvements of a minimum of $2,500,000 subject to the passage of a resolution at a future date, by a 4/5th Affirmative vote, pursuant to Section 18-85 of the Code, to construct a seawall at Pallot Park, less any walkway or fill needed for said project, at a cost not to exceed $600,000. NMRT has engaged the services of a contractor that is already mobilized on site. NMRT has agreed to retain said contractor to perform the work identified in the Project scope to complete the seawall and kayak ramp and to meet FIND's September 30, 2017 program funding deadline. The funding impact is $600,000. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $600,000 CIP Project No: B-40542 Office of Capital Improvements Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Reviewed B Jeovanny Rodriguez Anna Medina Christopher M Rose Alberto N. Parjus Daniel J. Alfonso Valentin J Alvarez Nicole Ewan Victoria Mendez Nicole Ewan Valentin J Alvarez Valentin J Alvarez Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Department Head Review Budget Analyst Review Budger Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Approved as to Form and Correctness Meeting Legislative Division Review Deputy Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Completed Skipped Completed Completed Completed Completed Skipped Completed Completed Skipped Completed Completed Completed Signed and Attested by the City Clerk Completed 10/17/2016 10:06 AM 10/18/2016 3:06 PM 10/18/2016 3:16 PM 10/18/2016 4:20 PM 10/18/2016 4:28 PM 11/07/2016 6:53 PM 10/27/2016 7:53 AM Completed 10/27/2016 9:00 AM 11/07/2016 6:53 PM 11/07/2016 6:53 PM 11/07/2016 7:08 PM 11/17/2016 9:00 AM 11/23/2016 5:51 PM 11/23/2016 6:14 PM City of Miami Legislation Resolution Enactment Number: R-16-0553 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1191 Final Action Date:11/17/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 14-0421, ADOPTED OCTOBER 23, 2014, WHICH AUTHORIZED THE CITY MANAGER TO ACCEPT FUNDS IN AN AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM MIAMI BAY TRUST, LLC, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT PUBLIC BENEFIT IMPROVEMENTS, PURSUANT TO ARTICLE 3, SECTION 3.14 OF MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALBERT PALLOT PARK ("PALLOT PARK"), LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA 33137, FOR IMPROVEMENTS THAT SHALL TOTAL A MINIMUM OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM DEVELOPER, THE MILTON FAMILY, BY AND THROUGH THE NILDA MILTON REVOCABLE TRUST ("NMRT"), FURTHER, BY A FOUR -FIFTHS (4/5TH) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES FOR THE PROCUREMENT AND CONSTRUCTION OF A SEAWALL, BAYWALK AND KAYAK LAUNCH AT PALLOT PARK BY NMRT, AS DEVELOPMENT MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH NMRT FOR THE PUBLIC BENEFIT IMPROVEMENTS TO PALLOT PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND AMEND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSES. WHEREAS, on October 23, 2014, the Miami City Commission ("Commission") adopted Resolution No. 14-0421, which authorized the City Manager to accept funds in an amount of two million five hundred thousand dollars ($2,500,000.00) from Miami Bay Trust, LLC, in connection with a revocable license agreement, pursuant to Resolution No. 14-0423; and WHEREAS, Resolution No. 14-0421 was subject to the passage of a resolution at a future date, by a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-92 of the Code of the City of Miami, Florida, as amended ("Code"), after an advertised public hearing, ratifying, approving, and confirming the City Manager's finding of a sole source to permit Miami Bay Trust, LLC to construct a seawall at Albert Pallot Park ("Pallot Park"), located at 3805 Northeast 6th Avenue, Miami, Florda, less any walkway or fill needed for said project, at a cost not to exceed six hundred thousand dollars ($600,000.00); and WHEREAS, the Commission wishes to rescind Resolution No. 14-0421 in its entirety; and WHEREAS, the Milton Family, by and through the Nilda Milton Revocable Trust ("NMRT"), desires to a make public benefit improvements to Pallot Park, in accordance with the Public Benefits Program described in Article 3, Section 3.14 of Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, in a minimum amount of two million five hundred thousand dollars ($2,500,000.00), in exchange for future bonus building height and floor lot ratio for eligible properties in the T6 Transect Zone of the City; and WHEREAS, the public benefit improvements to Pallot Park shall be completed as shown on the attached Exhibit "A", subject to further review and approval by the City Manager or his designee, and shall include the construction of a seawall, the cost of which shall be applied towards the public benefit improvements in an amount not to exceed three hundred thousand dollars ($300,000.00), leaving a balance of two million two hundred thousand dollars ($2,200,000.00) for the remaining improvements to be constructed at Pallot Park; and WHEREAS, the City has applied and been awarded a grant from the Florida Inland Navigation District ("FIND") Waterways Assistance Program in the amount of one hundred fifty thousand dollars ($150,000.00) that requires one hundred fifty thousand dollars ($150,000.00) in matching funds from the City, which have been previously appropriated from Parks Impact Fees, for the construction of a seawall, baywalk, and kayak launch at Pallot Park; and WHEREAS, the Florida Administrative Code governing the FIND Waterways Assistance Program requires that the grant funds be expended no later than September 30, 2017; and WHEREAS, the City desires to enter into an Agreement with NMRT, for the procurement and construction services of the public benefit improvements at Pallot Park, which at a minimum shall include the seawall, baywalk, and kayak launch, in conjunction with the Office of Capital Improvements ("OCI") "Pallot Park Seawall" Project No. B-40542 and "Pallot Park Shoreline Improvements" Project No. B-30802 (collectively, the "Project"); and WHEREAS, NMRT represents that it possesses the requisite expertise and desire to enter into the Agreement with the City, to act as the development manager to provide the services as set forth herein; and WHEREAS, NMRT has agreed to retain International General Contractors, LLC ("Contractor"), a Florida Limited Liability Company, to perform the work identified on the attached Exhibit "A"; and WHEREAS, NMRT selected Contractor, as the licensed contractor for the residential housing development it is currently undertaking within the proximity of the Project limits, under the supervision and direction of NMRT, is qualified to assure that the construction of the Project is 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 residential housing developments and the Project will better coordinate scheduling issues and avoid scheduling conflicts, resulting in greater efficiencies with respect to pricing, mobilization, and timeliness of completion of the Project; and WHEREAS, the Contractor, as a result of its current work for NMRT, is familiar with site conditions, the local labor market, and other factors affecting construction costs, thus increasing the likelihood that the Project will be performed within budget or at a reduced total Project cost; and WHEREAS, the seawall, baywalk, and kayak launch shall be funded using the one hundred fifty thousand dollars ($150,000.00) awarded from the FIND Waterways Assistance Program, the one hundred fifty thousand dollars ($150,000.00) in required matching funds from the City, with all remaining costs borne by NMRT; and WHEREAS, the costs borne by NMRT in constructing the seawall, baywalk, and kayak launch shall be deducted from the two million five hundred thousand dollars ($2,500,000.00) in public benefit improvements to Pallot Park being made by NMRT, however, the cost of the seawall shall be applied towards the public benefit improvements in an amount not to exceed three hundred thousand dollars ($300,000); and WHEREAS, the City Manager has made a finding that pursuant to Section 18-85(a) of the Code, as amended, competitive negotiation methods and procedures are not practicable or advantageous to the City for the procurement and construction of the seawall, baywalk and kayak launch at Pallot Park, and has recommended to the Miami City Commission that the finding be adopted and that competitive bidding methods and procedures be waived for the Project; and WHEREAS, the provisions of Section 255.20, Florida Statutes, do not apply as a portion of the funding source for the seawall, baywalk, and kayak launch will be lost because the time required to competitively award the same after the funds became available exceeds the time within which the funding source must be spent; and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute an Agreement with NMRT, in a form acceptable to the City Attorney, and to negotiate, execute and amend all other documents, including amendments and modifications to said Agreement, in a form acceptable to the city attorney for said purposes; 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 incorporate as if fully set forth in this Section. Section 2. The City Manager, in accordance with Article 3, Section 3.14 of Miami 21, the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby authorized' to accept public benefit improvements to Pallot Park, as shown on the attached Exhibit "A", in a minimum amount of two million five hundred thousand dollars ($2,500,000.00) from NMRT, in exchange for future bonus building height and floor lot ratio for eligible properties in the T6 Transect Zone of the City; and Section 3. The public benefit improvements to Pallot Park shall meet all City requirements for design, equipment specifications, construction, warranties, etc., and shall be subject to review and approval by the City Manager or his designee. Section 4. The public benefit improvements to Pallot Park shall include the construction of a seawall, the cost of which shall be applied towards the public benefit improvements in an amount not to exceed three hundred thousand dollars ($300,000). 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 City Code provisions. Section 5. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manger's finding that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-85(a) of the Code, as amended, and waiving the requirements for said procedures, is ratified, approved and confirmed. Section 6. The provisions of Section 255.20, Florida Statutes, do not apply as a portion of the funding source for the seawall, baywalk, and kayak launch will be lost because the time required to competitively award the same after the funds became available exceeds the time within which the funding source must be spent; and Section 7. The seawall, baywalk, and kayak launch shall be funded using the one hundred fifty thousand dollars ($150,000.00) awarded from the FIND Waterways Assistance Program, the one hundred fifty thousand dollars ($150,000.00) in required matching funds from the City, with all remaining costs borne by NMRT; and Section 8. The costs borne by NMRT in constructing the seawall, baywalk, and kayak launch shall be deducted from the two million five hundred thousand dollars ($2,500,000.00) in public benefit improvements to Pallot Park being made by NMRT, however, the cost of the seawall shall be applied towards the public benefit improvements in an amount not to exceed three hundred thousand dollars ($300,000); and Section 9. The City Manager is authorized1 to negotiate and execute an Agreement with NMRT, in a form acceptable to the City Attorney, and to negotiate, execute and amend all other documents, including amendments and modifications to said Agreement, in a form acceptable to the city attorney for said purposes. Section 10. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: endez, ity Attor ey 11/7/2016 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.