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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #14152 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN AMENDMENT DESIGN/BUILD SERVICES CONTRACT WITH RF CONSTRUCTION GROUP, INC., A FLORIDA PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPMENT OF SIX (6) AFFORDABLE SINGLE-FAMILY HOMES IN DISTRICT 4 TO INCREASE THE EXISTING CONTRACT VALUE BY THE AMOUNT OF ONE HUNDRED THIRTY-ONE THOUSAND, SEVEN HUNDRED SIXTY-NINE THOUSAND AND 60/100 DOLLARS ($131,769.60), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM THE CURRENT NOT -TO -EXCEED TOTAL AMOUNT OF ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, THREE HUNDRED TWENTY-TWO AND 00/100 DOLLARS ($1,716,322.00) TO THE AMENDED NOT -TO -EXCEED TOTAL AMOUNT OF ONE MILLION, EIGHT HUNDRED FORTY-EIGHT THOUSAND, NINETY-ONE AND 60/100 DOLLARS ($1,848,091.60); FUNDS ARE TO BE ALLOCATED, ON A REIMBURSEMENT BASIS, FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS ("MIAMI FOREVER AFFORDABLE HOUSING BONDS"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; APPROVING ADDITIONAL PROJECT COSTS INCURRED BY THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TOTALING TWENTY-ONE THOUSAND, NINE HUNDRED FIFTY AND 00/100 DOLLARS ($21,950.00) FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER AFFORDABLE HOUSING BONDS ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE RECEIPT OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO THE CITY ATTORNEY AND BOND COUNSEL APPROVAL; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION; AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH. City of Miami Legislation Resolution Enactment Number: R-23-0280 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14152 Final Action Date:6/22/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN AMENDMENT DESIGN/BUILD SERVICES CONTRACT WITH RF CONSTRUCTION GROUP, INC., A FLORIDA PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPMENT OF SIX (6) AFFORDABLE SINGLE-FAMILY HOMES IN DISTRICT 4 TO INCREASE THE EXISTING CONTRACT VALUE BY THE AMOUNT OF ONE HUNDRED THIRTY-ONE THOUSAND, SEVEN HUNDRED SIXTY-NINE THOUSAND AND 60/100 DOLLARS ($131,769.60), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM THE CURRENT NOT -TO -EXCEED TOTAL AMOUNT OF ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, THREE HUNDRED TWENTY-TWO AND 00/100 DOLLARS ($1,716,322.00) TO THE AMENDED NOT -TO -EXCEED TOTAL AMOUNT OF ONE MILLION, EIGHT HUNDRED FORTY-EIGHT THOUSAND, NINETY-ONE AND 60/100 DOLLARS ($1,848,091.60); FUNDS ARE TO BE ALLOCATED, ON A REIMBURSEMENT BASIS, FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS ("MIAMI FOREVER AFFORDABLE HOUSING BONDS"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; APPROVING ADDITIONAL PROJECT COSTS INCURRED BY THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TOTALING TWENTY-ONE THOUSAND, NINE HUNDRED FIFTY AND 00/100 DOLLARS ($21,950.00) FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER AFFORDABLE HOUSING BONDS ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE RECEIPT OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO THE CITY ATTORNEY AND BOND COUNSEL APPROVAL; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION; AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH. WHEREAS, pursuant to Resolution No. R-21-0448 adopted on October 28, 2021 ("R-21- 0448"), the City Commission accepted a proposal received July 12, 2021 pursuant to RFP No. HCD 2021-04 from RF Construction Group, Inc., a Florida Profit Corporation ("Developer") and entered into a Design/Build Services contract with the Developer ("Contract") for the development of six (6) affordable single-family homes in District 4 as identified in R-21-0448 and as modified in Resolution No. 23-0071 adopted on February 9, 2023 ("Project"); and WHEREAS, the original total Contract cost for the Project was for an amount not to exceed One Million, Seven Hundred Sixteen Thousand, Three Hundred Twenty -Two and 00/100 Dollars ($1,716,322.00); and WHEREAS, the current total compensation limit is insufficient to address the increased construction costs that are impacting the homebuilding and construction industry; and WHEREAS, it is in the best interest of the City of Miami ("City") to increase the existing Contract capacity to facilitate the successful completion of the Project to an amount not to exceed One Hundred Thirty -One Thousand, Seven Hundred Sixty -Nine Thousand and 60/100 Dollars ($131,769.60), which is Twenty -One Thousand, Nine Hundred Sixty -One and 60/100 Dollars per unit ($21,961.60/unit); and WHEREAS, the proposed Amendment to total Contract amount with the Developer for the Project increases the existing Contract value by the amount of One Hundred Thirty -One Thousand, Seven Hundred Sixty -Nine Thousand and 60/100 Dollars ($131,769.60), which is Twenty -One Thousand, Nine Hundred Sixty -One and 60/100 Dollars per unit ($21,961.60/unit), thereby increasing the total compensation limit from the current not -to -exceed total amount of One Million, Seven Hundred Sixteen Thousand, Three Hundred Twenty -Two and 00/100 Dollars ($1,716,322.00) to the amended not -to -exceed total amount of One Million, Eight Hundred Forty -Eight Thousand, Ninety -One and 60/100 Dollars ($1,848,091.60) ("Contract Capacity Increase"); and WHEREAS, there are also certain additional Project costs incurred by the City's Department of Housing and Community Development ("HCD") totaling Twenty -One Thousand, Nine Hundred Fifty and 00/100 Dollars ($21,950.00) for services relating to the platting process for one of the parcels being developed into an affordable single-family home to be provided by North Engineering, LLC, a Florida Limited Liability Company ("Additional Project Costs); and WHEREAS, the Contract Capacity Increase and the Additional Project Costs increase the total Project cost in an amount not to exceed One Hundred Fifty -Three Thousand, Seven Hundred Nineteen and 60/100 Dollars ($153,719.60); and WHEREAS, any increase in the current total compensation limit or the total Project costs requires City Commission approval; and WHEREAS, funds are to be allocated, on a reimbursement basis, from the District 4 Commissioner's share of Miami Forever Affordable Housing Limited Ad Valorem Bonds ("Miami Forever Affordable Housing Bonds"); WHEREAS, the City Commission expects to provide for the issuance by the City of its taxable and tax-exempt limited ad valorem bonds, in one or more series, payable from ad valorem taxes provided that the capital projects debt millage not exceed the rate of 0.5935 mills in accordance with the November 7, 2017 bond referendum approved by the voters, in order to, among other things, reimburse the City for funds advanced by the City for certain expenses incurred with respect to capital projects to be undertaken by the City to improve affordable housing and facilitate economic development within the City's limits; and WHEREAS, any actions authorized and undertaken pursuant to this Resolution shall be in compliance with all applicable Federal, State of Florida, local, and City laws, rules, regulations, and procedures, including, but not limited to, the Bonds Strategies, the Intent to Reimburse Resolution, and the Miami Forever Bond Validation Order, the Charter of the City of Miami, Florida, as amended ("City Charter"), and the Code of the City of Miami, Florida, as amended ("City Code") (collectively, "Laws"); and WHEREAS, any actions authorized and undertaken pursuant to this Resolution shall receive and be subject to the receipt of any and all necessary approvals including, but not limited to, City Attorney, Bond Counsel, the City's Department of Housing and Community Development ("HCD"), the City's Housing and Commercial Loan Committee ("HCLC"), the City's Office of Management and Budget, and the City's Department of Finance approval; 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 if fully set forth in this Section. Section 2. An Amendment to the Contract with the Developer for the Project increasing the existing contract value by the amount of One Hundred Thirty -One Thousand, Seven Hundred Sixty -Nine Thousand and 60/100 Dollars ($131,769.60), which is Twenty -One Thousand, Nine Hundred Sixty -One and 60/100 Dollars per unit ($21,961.60/unit), thereby increasing the total compensation limit from the current not -to -exceed total amount of One Million, Seven Hundred Sixteen Thousand, Three Hundred Twenty -Two and 00/100 Dollars ($1,716,322.00) to the amended not -to -exceed total amount of One Million, Eight Hundred Forty -Eight Thousand, Ninety -One and 60/100 Dollars ($1,848,091.60), is hereby approved. Section 3. Additional Project costs incurred by the HCD totaling Twenty -One Thousand, Nine Hundred Fifty and 00/100 Dollars ($21,950.00) are hereby approved. Section 4. Funding for the Contract Capacity Increase and the Additional Project Costs increase the total Project cost in an amount not to exceed One Hundred Fifty -Three Thousand, Seven Hundred Nineteen and 60/100 Dollars ($153,719.60) is to be allocated, on a reimbursement basis, from the District 4 Commissioner's share of Miami Forever Affordable Housing Bonds. Section 5. The City Manager is authorized' to execute an Amendment to the Contract, in a form acceptable to the City Attorney, for said purpose. Section 6. The City Manager is further authorized to negotiate and execute any and all documents, including any amendments, modifications, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, all in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 7. The use, allocation, and appropriation of the Miami Forever Affordable Housing Bonds are subject to all federal, State, and local laws that regulate the use of such funds and the receipt of all necessary approvals, including, but not limited to the City Attorney and Bond Counsel approval. 1 The herein authorization is further subject to compliance with all legal regulations that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. Section 8. The City Manager is authorized to make any changes to adjust, amend, and appropriate the City's Operating Budget, Five -Year Financial Plan, Strategic Plan, and Multi - Year Capital Plan, as necessary and applicable, pursuant to the provisions of this Resolution. Section 9. Certain necessary actions by the City Manager and the designated City departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems in connection herewith are hereby authorized, ratified, approved, and confirmed. Section 10. The City Manager in consultation with the City Attorney, Bond Counsel, Disclosure Counsel, Financial Advisor, Chief Financial Officer, Finance Director, Budget Director, and such other appropriate officers, employees, and agents of the City as the City Manager deems necessary are hereby authorized' to take such actions as may be necessary to carry out the purposes of this Resolution. Section 11. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 6/12/2023 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.