HomeMy WebLinkAboutLegislationFile Number: 16-01099
City of Miami
City Hall
3500 Pan American
Drive
Legislation
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROCUREMENT
AND CONSTRUCTION OF PUBLIC INFRASTRUCTURE AND RIGHT-OF-WAY.
IMPROVEMENTS WITHIN THE CITY'S DESIGN DISTRICT ALONG NORTHEAST
41ST STREET BETWEEN NORTHEAST 1ST AVENUE TO NORTHEAST 2ND
AVENUE, MIAMI, FLORIDA, ASSOCIATED WITH THE CAPITAL IMPROVEMENTS
AND TRANSPORTATION PROGRAM PROJECT NO. B-173600, "NE 41ST
STREET/DESIGN DISTRICT IMPROVEMENTS"; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE MANAGEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITYAND OAK PLAZA
ASSOCIATES (DEL.) LLC, A DELAWARE LIMITED LIABILITY COMPANY
REGISTERED TO DO BUSINESS IN FLORIDA, FOR SAID PURPOSE.
WHEREAS, the City Manager made a finding that it is not practicable or advantageous to the
City of Miami ("City") to adhere to competitive sealed bidding procedures for the procurement and
construction of public infrastructure and right-of-way improvements within the City's Design District
along Northeast 41 st Street between Northeast 1 st Avenue to Northeast 2nd Avenue, Miami, Florida
(the "Project"), associated with the Capital Improvements and Transportation Program ("CITP") Project
No. B-173600, "NE 41st Street/Design District Improvements"; and
WHEREAS, the scope of work for the Project consists of the installation of right-of-way
improvements such as roadway utilities, which include drainage, water, sanitary, and gas in the right of
way; pavers, which include concrete pavers as a permanent surface on sidewalks; street light fixtures,
which include signals and signage; landscaping and irrigation; and site amenities, which include bike
racks and trash cans, in the public right-of-way ("Work"); and
WHEREAS, the City desires to enter into a Management Agreement ("Agreement") with Oak
Plaza Associates (Del.) LLC, a Delaware Limited Liability Company registered to do business in Florida
("Oak Plaza"), for the Project; and
WHEREAS, Oak Plaza represents that it possesses the requisite expertise and desire to enter
into an agreement with the City and to act as the Development Manager to provide the services for the
Work; and
WHEREAS, pursuant to the applicable provisions of Chapter 163, Florida Statutes, Section 3.9
of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21
Code"), and per Ordinance No. 13412 adopted on October 24, 2013, amending Ordinance No. 13335,
the City Commission approved a Development Agreement in conjunction with the Miami Design
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File Number: 16-01099
District Retail Street Special Area Plan ("SAP"), which requires that Oak Plaza's affiliates to undertake
certain improvements in the public infrastructure and the public Right-of-way; and
WHEREAS, in 2016, the Legislature of the State of Florida ("State") allocated $500,000.00 of
nonrecurring funds from the State Economic Enhancement and Development Trust Fund, and
$250,000.00 of nonrecurring funds from the General Revenue Fund, to the City for public
infrastructure improvements within the Miami Design District ("State Grant") from the funds provided in
Specific Appropriation Line Item 2216, for a total amount of $750,000.00 ("Appropriation"); and
WHEREAS, Department of Economic Opportunity ("DEO") rules require that the Appropriation
be expended by no later than June 30, 2017; and
WHEREAS, the funding source for the Work may be lost, as 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, Oak Plaza, through its contractor Coastal Construction of Miami -Dade County, Inc.
("Contractor"), has been advancing a series of related public infrastructure and right-of-way
improvements in the immediate area, and is uniquely qualified to undertake the Work; and
WHEREAS, the Contractor, as a result of its current work for Oak Plaza, is familiar with site
conditions, the local labor market, and other factors affecting construction costs, thus increasing the
likelihood that the Work will be performed within budget or at a reduced total Project cost; and
WHEREAS, the Contractor, under the supervision and direction of Oak Plaza, is qualified to
perform the Work in a timely manner and will further provide efficiencies in staffing, consistency of
materials, scheduling, workmanship, and safety standards; and
WHEREAS, pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended
("City Code"), the City Manager recommends waiver of competitive sealed bidding procedures via a
written finding, attached and incorporated, with reasons supporting his conclusion;
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. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City
Manager's finding, pursuant to Section 18-85 of the City Code, is ratified, approved and confirmed,
and the requirement for competitive sealed bidding procedures as not being practicable or
advantageous to the City for the procurement and construction of public infrastructure and right-of-way
improvements within the City's Design District along Northeast 41st Street between Northeast 1st
Avenue to Northeast 2nd Avenue, Miami, Florida, associated with the CITP Project No. B-173600, "NE
41 st Street/Design District Improvements," in an amount not to exceed $750,000.00, is waived.
Section 3. The City Manager is authorized {1} to execute an Agreement with Oak Plaza, in
substantially the attached form, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
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of the Mayor. {2}
APPmo—��
AS TO FORMA D CORRECTNESS:
V TORIAENDS
CITY ATTORNEY it
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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