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Home My WebLink AboutR-19-0315City of Miami q Legislation Resolution: R-19-0315 File Number: 6087 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACKNOWLEDGING THE USE OF LANZO CONSTRUCTION CO., FLORIDA, A FLORIDA PROFIT CORPORATION ("LANZO"), FOR THE CONSTRUCTION OF THE DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-1330606 ("PROJECT"), PURSUANT TO RESOLUTION NO. 15-0137, FOR TWENTY MILLION, FOUR HUNDRED NINETY-FIVE THOUSAND, SEVEN HUNDRED FIFTY TWO DOLLARS AND EIGHTY-EIGHT CENTS ($20,495,752.88), PLUS A TEN PERCENT (10%) CONTINGENCY OF TWO MILLION, FORTY NINE THOUSAND, FIVE HUNDRED SEVENTY FIVE DOLLARS ($2,049,575.00); FOR A TOTAL NOT TO EXCEED AMOUNT OF TWENTY TWO MILLION FIVE HUNDRED FORTY FIVE THOUSAND THREE HUNDRED TWENTY SEVEN DOLLARS AND EIGHTY EIGHT CENTS ($22,545,327.88), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF INTENT ("MOI"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY') AND THE DOWNTOWN MIAMI PARTNERSHIP, INC., D/B/A FLAGLER DISTRICT BID, A FLORIDA NOT FOR PROFIT CORPORATION ("FDBID"), WHEREBY THE FDBID AGREES TO ORGANIZE AND FILE FOR THE CREATION OF A SPECIAL ASSESSMENT DISTRICT, PURSUANT TO CHAPTER 170 OF THE FLORIDA STATUTES, AND ASSUME FULL RESPONSIBILITY FOR ALL MAINTENANCE, REPLACEMENT, REPAIR, RESTORATION, IMPROVEMENT, MODIFICATION, AND/OR REMOVAL OF ALL THE NON-STANDARD IMPROVEMENTS ("NON-STANDARD IMPROVEMENTS MAINTENANCE") OF THE PROJECT, INCLUDING ANY AMENDMENTS OR MODIFICATIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE FDBID UPON CREATION OF SAID SPECIAL ASSESSMENT DISTRICT FOR THE ASSUMPTION OF FULL RESPONSIBILITY FOR THE NON-STANDARD IMPROVEMENTS MAINTENANCE OF THE PROJECT, INCLUDING ANY AMENDMENTS OR MODIFICATIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): Mayor Francis X. Suarez WHEREAS, the City of Miami ("City") Office of Capital Improvements ("OCI") is managing the design and construction of the Downtown Miami Flagler Street Beautification OCI Project No. 40-1330606 located along Flagler Street from West 1 st Avenue to Biscayne Boulevard, Miami, Florida ("Project"); and City of Miami Page 1 of 3 File ID: 6087 (Revision:) Printed On: 8/9/2019 File ID: 6087 Enactment Number: R-19-0315 WHEREAS, pursuant to Exhibit "A,"attached and incorporated, the Miami Downtown Development Authority ("DDA") has supported the addition of non-standard right-of-way enhancements to the current design for the Project, providing for an iconic festival street design, making the area more economically viable pursuant to DDA Board of Directors Resolutions No. 006/2018, 018/2018, and 022/2018; and WHEREAS, the Downtown Miami Partnership, Inc., d/b/a Flagler District BID, a Florida not for profit corporation ("FDBID"), and a tax-exempt entity under Section 501(c)(6) of the Internal Revenue Code, agrees to organize and file for the creation of a Special Assessment District, pursuant to Chapter 170 of the Florida Statutes, subject to the approval of a majority of the affected property owners; and, thereby, allowing for the levy and collection of special assessments for the maintenance, replacement, repair, restoration, improvement, modification, and/or removal of all the non-standard improvements part of the Project (Non -Standard Improvements Maintenance); and WHEREAS, pursuant to FDBID Resolution No. 2019-003, adopted on May 14, 2019, attached and incorporated as Exhibit "B," the FDBID approved inclusion and payment of the Flagler Streetscape Maintenance Costs, for the additional non-standard improvements consisting of right-of-way enhancements, as described in Exhibit "C," attached and incorporated, by creating a special assessment for the Flagler District of Downtown Miami; and WHEREAS, pursuant to Composite Exhibit "D," the FDBID agreed to enter into a Memorandum of Intent ("MOI") with the City to organize and file for the creation of a Special Assessment District by December 2020 pursuant to Chapter 170 of the Florida Statutes; and WHEREAS, upon creation of said Special Assessment District, the FDBID will enter into a Memorandum of Understanding ("MOU") with the City for assumption of full responsibility for the Non -Standard Improvements Maintenance; and WHEREAS, in December 2015, the City of Miami ("City") entered into an agreement with the National Joint Powers Alliance of the State of Florida ("NJPA"), pursuant to Resolution No. 15-0137, Contract No. 360-240-12-1 ("Agreement"), for a five (5) year term; and WHEREAS, the Agreement authorizes City use of all competitively solicited and awarded contracts available through the NJPA, to be utilized on an as -needed contractual basis, subject to the availability of funds and budgetary approval at the time of need; and WHEREAS, Lanzo Construction Co., Florida, a Florida for profit corporation ("Lanzo"), is a Florida contractor who was competitively solicited and awarded a contract through the NJPA, specifically Contract No. FL04UG4-051716-LCC; and WHEREAS, on December 28, 2018, OCI executed Work Order No. 051088.00 with Lanzo to perform the construction services for the Project in an amount of Twenty Million, Four Hundred Ninety -Five Thousand, Seven Hundred Fifty -Two Dollars and Eighty -Eight Cents ($20,495,752.88) plus a ten percent (10%) contingency of Two Million, Forty -Nine Thousand, Five Hundred Seventy -Five Dollars ($2,049,575.00), for a total not to exceed amount of Twenty Two Million, Five Hundred Forty Five Thousand, Three Hundred Twenty Seven Dollars and Eighty Eight Cents ($22,545,327.88); and WHEREAS, due to the size and cost of the Project, the City seeks the City Commission's acknowledgment for use of Lanzo for completion of the Project, inclusive of the non-standard improvements; and City of Miami Page 2 of 3 File ID: 6087 (Revision:) Printed on: 8/9/2019 File ID: 6087 Enactment Number: R-19-0315 WHEREAS, pursuant to Exhibit "E," attached and incorporated, available funds are to be allocated with appropriations to occur by separate resolution at time of need from OCI Project No. 40-1330606, or such other legally available funding sources, subject to the availability of funds and budgetary approval at the time of need; 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. The use of Lanzo, pursuant to Resolution No. 15-0137, for the construction of the Project, in the amount of Twenty Million, Four Hundred Ninety -Five Thousand, Seven Hundred Fifty Two Dollars and Eighty -Eight Cents ($20,495,752.88) plus a ten percent (10%) contingency of Two Million, Forty Nine Thousand, Five Hundred Seventy Five Dollars ($2,049,575.00), for a total not to exceed amount of Twenty Two Million, Five Hundred Forty Five Thousand, Three Hundred Twenty Seven Dollars and Eighty Eight Cents ($22,545,327.88), is acknowledged, subject to the availability of funds and budgetary approval at the time of need. Section 3. The City Manager is authorized' to negotiate and execute a MOI, in a form acceptable to the City Attorney, between the City and the FDBID, whereby the FDBID agrees to organize and file for the creation of a Special Assessment District, pursuant to Chapter 170 of the Florida Statutes, and assume full responsibility for the Non -Standard Improvements Maintenance of the Project, including any amendments or modifications thereto. Section 4. The City Manager is further authorized' to negotiate and execute an MOU, in a form acceptable to the City Attorney, between the City and the FDBID upon creation of said Special Assessment District for the assumption of full responsibility for the Non -Standard Improvements Maintenance of the Project, including any amendments or modifications thereto. Section 5. The City Manager is further authorized' to negotiate and execute any and all other documents necessary, in a form acceptable to the City Attorney, for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i ndez, City Attor iey 7116/2019 ' 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. 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: 6087 (Revision:) Printed on: 8/9/2019