HomeMy WebLinkAboutSubmittal-City Attorney-MemosCITY OF MIAMI a 7f •Lill 2)', 9:
OFFICE OF THE CITY ATTORNEY 54
MEMORANDUM 'CLERK
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney °' ' wys"-rli
DATE: January 15, 2026
RE: Substitution of PH.2 on the January 22, 2026, City Commission Meeting
Bid Waiver - Construction Mgmt Agrmnt and Allocation of Funds — Kirk
Munroe File No.: 18661
Item PH.2 on the January 22, 2026, City Commission Meeting Agenda is a
resolution, by four -fifths (4/5ths) affirmative vote after an advertised public hearing,
ratifying, confirming, and approving the City Manager's recommendation and written
finding (attached as Exhibit "A") pursuant to section 18-85(a) of the City Code; waiving
competitive sealed bidding as not being practicable or advantageous for the design and
construction of public improvements to portions of Kirk Munroe Park and the public
rights -of -way along Fuller Street; allocating $3,000,000.00 from Capital Project No. 40-
B253530 (or other legally available funding sources), subject to availability of funding
and budgetary approval; authorizing the City Manager to negotiate and execute a
contract, in a form acceptable to the City Attorney, with Coconut Grove Condo, LLC, in
an amount not to exceed $3,000,000.00 in City funds, with a $2,000,000.00 developer
contribution for a total project amount of $5,000,000.00; further authorizing the City
Manager to negotiate and execute related documents as necessary; and finding that the
waiver and direct award comply with section 255.20(1)(c)10, Florida Statutes.
The attached Owner's Representative Recommendation Memorandum, dated
January 14, 2026, provides the licensed architect/engineer's recommendation in support
of the contemplated waiver and direct award for the public improvements associated with
the Kirk Munroe Park and Fuller Street Project, and states it is to be placed in the Project
file and presented to the City Commission prior to the approval required by section
255.20(1)(c)10, Florida Statutes.
This substitution is intended solely to add the attached memorandum to the
backup documents; no changes are requested to the resolution or any existing attachments
currently associated with File ID #18661.
cc. James Reyes, City Manager
Miriam Santana, Agenda Coordinator
icoLoI c,bpi - h4 ,Ar4O/(il -
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
IVED
TO: Honorable Mayor and City DATE:
Commissioners
FROM:
Asael Marrero, AIA
Assistant City Manager
,,AnGI AM 9:54
1/14/2026 FF5
:c fly CITY c
SUBJECT: Recommendation in complitvicewitftAbction
255.20(1)(c)10, Florida Statutes, for direct award
of Development Management (Construction
Management) Agreement to Coconut Grove
Condo, LLC
ENCLOSURES:
I am a Florida -licensed architect and an employee of the City of Miami, Florida, serving as the City's
professional representative for the public improvement work contemplated for Munroe Park and Fuller Street (the
"Project"). I reviewed the City agenda item and associated Development Agreement materials describing the Project,
the stated findings supporting waiver of competitive sealed bidding, and the contemplated delivery method under
which Coconut Grove Condo, LLC (the "Developer") will provide the public improvements. In connection with the City
Commission's consideration of approval under section 255.20(1)(c)10, Florida Statutes, I recommend that the Project
be awarded to the Developer by a method other than a competitive selection process, subject to the safeguards
described below. My recommendation is based on the following professional observations and conclusions:
This recommendation is based on the following professional observations:
The Developer is uniquely positioned to deliver the Project as contemplated because the public improvements
are integrated with, and must be sequenced alongside, obligations and activities under the Development Agreement
and related approvals. Separating the Project into a stand-alone City solicitation would introduce avoidable interface
risk, including schedule conflicts, constructability and sequencing constraints, and field coordination issues between
the public work and affiliated private development activities.
The City's justification for proceeding without competitive sealed bidding asserts that the time required to
competitively award the Project would materially delay delivery of the improvements, increase administrative and
coordination burdens, and may increase the City's overall cost or exposure, while the proposed approach advances
the work through a single responsible party charged with the overall development schedule and provides partial
funding for the improvements by the Developer.
From a design and construction -administration standpoint, a single responsible delivery party, coordinated
through the Development Agreement, reduces the likelihood of scope gaps and disputes concerning means -and -
methods, site logistics, and sequencing between affiliated work elements. In my professional judgment, the proposed
delivery approach is reasonable to preserve the scheduling and constructability of the Project and to maintain
accountability for performance in a single party.
This recommendation is conditioned on the City's agreement with the Developer including, and the City
enforcing, standard public -owner safeguards appropriate for public construction works, including: (i) performance by,
and/or through, appropriately licensed Florida contractors for the trades involved; (ii) full permitting and compliance
with all applicable codes and City standards; (iii) insurance meeting City requirements; (iv) payment and performance
bonds meeting applicable legal requirements (including section 255.05, Florida Statutes, to the extent applicable) or
other legally authorized equivalent security; (v) City approval of final plans and specifications before commencement;
(vi) City inspection and acceptance procedures; and (vii) clear warranty and correction -of -work obligations.
For these reasons, and subject to the conditions stated above, I recommend that the City award the Project
to Coconut Grove Condo, LLC without competitive selection, consistent with the criteria and procedures applicable to
the City's section 255.20(1)(c)10 process. This written recommendation shall be placed in the Project file and
presented to the City Commission prior to the approval required by section .20(1)(c)10.
f' Respectfu
4
Asael Marrero AIA
Assistant City an -per