Miami-Dade
Legislative Item File Number: 172717 |
Printable PDF Format Clerk's Official Copy |
File Number: 172717 | File Type: Resolution | Status: Adopted | ||||||
Version: 0 | Reference: R-125-18 | Control: County Commission | ||||||
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Requester: Water & Sewer Department | Cost: | Final Action: 2/6/2018 | ||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 2/6/2018 | 8O2 | Adopted | P | |||
REPORT: | NOTE: On handwritten page 10 of the resolution, Section 1: the correct dollar amount in the second to the last sentence should read: "$3,466.994.00." Also, on page 18, the first sentence of paragraph 7B should read: "The County will be responsible for reimbursing ninety three percent (93%) of the cost of such construction and new public sewage pumping station…." | ||||||
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Office of the Chairperson | 2/5/2018 | Scrivener's Errors | |||||
REPORT: | On handwritten page 10, in the resolution, Section 1: the correct dollar amount in the second to the last sentence should read: $3, 466.994.00. Also on page 18, the first sentence of paragraph 7B should read: The County will be responsible for reimbursing ninety three percent (93%) of the cost of such construction and new public sewage pumping station..… | ||||||
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Infrastructure and Utilities Committee | 1/17/2018 | 3H | Forwarded to BCC with a favorable recommendation | P | |||
REPORT: | Assistant County Attorney Abbie Schwaderer-Raurell read the title of the foregoing proposed resolution into the record. Chairman Monestime relinquished the Chair to Vice-Chairman Diaz. Mr. Lester Sola, Director, Water and Sewer Department (WASD) requested that the foregoing proposed resolution be waived to the January 23, 2018 Board of County Commissioners meeting, to allow developer to continue the construction of the pump station. Commissioner Martinez apologized for not addressing Mr. Sola regarding his concerns sooner; however, he noted it was unusual that CP Logistics Westview, LLC (CP) approached the WASD and were being recommended for a no bid contract after preparing the documents, bid, costs and estimates. Mr. Sola explained the pump station was a project WASD had to build. He noted the development was in progress in the area, and the Board of County Commissioners directed the Department to bring the sewer to certain commercial areas. Commissioner Martinez emphasized he was aware of the background of the foregoing proposed resolution and the credit being acquired; however, the issue was that CP approached the Department with estimated construction costs. He said Department reviewed and agreed to the estimate, noting he would like to review other estimates for similar pump stations. Commissioner Martinez said he could not support the foregoing proposed resolution, where the company provides the construction details and receives a no bid contract. He said if the foregoing proposed resolution was forwarded to the Board of County Commissioners meeting, perhaps Mr. Sola could convince him to shift his position on the matter. Mr. Sola welcomed the opportunity to validate the estimate, noting the foregoing proposed resolution had included several protections to the County. He said the maximum compensation was based on the Department’s estimate of the pump station, noting if it was one dollar more the County would be protected. Mr. Sola indicated he would provide Commissioner Martinez a validation of the estimate at the next Board of County Commissioners meeting and he would address the lack of such comparable information if not available. Mr. Sola stated he believed the County’s interest or exposure to the maximum compensation was correct. Commissioner Martinez believed this proposal did not meet the Board’s standards, noting having a no bid contract and presenting the Department with an estimate with no comparison, prompted him to not support the foregoing resolution at this time. Pursuant to Commissioner Diaz’s question whether the contract was part of the pool, Mr. Sola indicated it was a part of the pool because the contractor was already building water and waste water infra-structures on the site, Mr. Sola reported a pump station was needed since it was a substantial development, He indicated that the contractor provided an estimate for the pump station cost since they were already on site building the water and waste water infrastructure. Mr. Sola said the Department’s engineers reviewed the estimate and determined it was correct. He advised that the maximum exposure compensation was protected; noting if it cost more the contractor would fund their share of the pump station utilization. Mr. Sola noted the County would assume the entire cost if they had to build the entire pump station. Chairman Monestime pointed out the Board had recently passed a similar resolution, which demonstrated this was not the first time they were doing this. Mr. Sola indicated the Board had taken similar action with the Capital Improvement Program (CIP) where the Department had to partner up with the developers when constructing infrastructure. He noted the County had to build the infrastructure up to a compensation of up to 50 percent or higher depending on the situation. Mr. Sola indicated because the developer was contributing 3 percent of the pump station development cost showed the participation of legislation by the Board. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution. The Clerk of the Board received the appropriate memorandum requesting the Board of County Commissioners Chairman Bovo to waive the Board’s Rules of Procedure to allow the foregoing proposed resolution to be heard at the Board of County Commissioners Meeting on January 23, 2018. | ||||||
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County Attorney | 12/26/2017 | Assigned | Sarah E. Davis | 1/2/2017 | |||
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Office of Agenda Coordination | 12/21/2017 | Assigned | County Attorney | ||||
REPORT: | Item Returned | ||||||
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Office of Agenda Coordination | 12/5/2017 | Assigned | County Mayor | ||||
REPORT: | item returned | ||||||
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County Attorney | 12/5/2017 | Assigned | Office of Agenda Coordination | 12/5/2017 | |||
REPORT: | Item returned | ||||||
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County Attorney | 11/28/2017 | Assigned | Sarah E. Davis | 11/30/2017 | |||
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Office of Agenda Coordination | 11/22/2017 | Assigned | County Attorney | 1/23/2018 | |||
REPORT: | WASD - Sarah E. Davis - Commr. Monestime Sponsor - pending December cmte - Attachments: Agreement - item has 32 pages | ||||||
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Jack Osterholt | 11/22/2017 | Assigned | Office of Agenda Coordination | ||||
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Legislative Text |
TITLE RESOLUTION APPROVING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CP LOGISTICS WESTVIEW, LLC FOR SANITARY SEWER FACILITIES, INCLUDING CONSTRUCTION OF NEW SEWER INFRASTRUCTURE, FOR A PERIOD OF 365 DAYS; APPROVING ALLOCATION OF $3,224,304.00 FUNDED BY BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS PROGRAM PROJECT NO. 17 � �COUNTYWIDE WATER AND SEWER SYSTEM ENHANCEMENTS� FOR CONSTRUCTION OF OFFSITE SEWER IMPROVEMENTS AND A NEW SEWAGE PUMP STATION; WAIVING FORMAL COMPETITIVE BIDDING REQUIREMENTS OF SECTION 2-8.1 OF THE MIAMI-DADE COUNTY CODE, SECTION 5.03(D) OF THE HOME RULE CHARTER, AND SECTION 255.20, FLORIDA STATUTES BY A TWO-THIRDS VOTE OF THE BOARD; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENT AND EXERCISE THE PROVISIONS CONTAINED THEREIN BODY WHEREAS, pursuant to Resolution No. 912-04 (the �Water and Sewer Resolution�), the voters approved the issuance of general obligation bonds in a principle amount not to exceed $378,183,000.00 to construct and improve water and sewer facilities throughout the County; and WHEREAS, Appendix A to the Water and Sewer Resolution lists projects eligible for funding from Building Better Communities General Obligation Bond Program (the �Bond Program�) by project number, municipal project location, Commission district, project name, project description, street address and allocation; and WHEREAS, one of the projects listed in Appendix A to the Water and Sewer Resolution and approved by the voters for funding is Project No. 17 � Countywide Water and Sewer System Enhancements with an original allocation of $222,000,000.00 (�Project No. 17�) OMB # 967090 and the following project description: �Countywide Water and Sewer System Enhancements�; and WHEREAS, CP Logistics Westview, LLC is in the process of developing a tract of land located in an area bounded to the north by NW 119 Street, to the west by NW 27 Avenue, to the south by NW 107 Street, and to the east by NW 22 Avenue with industrial warehouse and office space; and WHEREAS, as part of its development, CP Logistics Westview, LLC has agreed to build offsite sewer improvements and a new public pump station that, once built, will become County property and will serve CP Logistics Westview, LLC�s development as well as other developments in the area; and WHEREAS, the County has estimated the costs of the new sewage pump station and sewer improvements will be $3,466,994.00; and WHEREAS, in order to move forward with its development, CP Logistics Westview, LLC has entered into a New Business Agreement ID No. 23064 (hereinafter, the �Agreement�) with the County; and WHEREAS, the Agreement makes clear that CP Logistics Westview, LLC will contribute $242,690.00 (7 percent) toward the costs of the new sewage pump station and sewer infrastructure based on the projected flow that its development will send to the new system; and WHEREAS, the Agreement also specifies that the County will contribute the remaining 93 percent of the costs of the new sewage pump station and sewer infrastructure in the amount of $3,224,304.00 with such monies coming from Project No. 17 (OMB# 967090), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Authorizes the County Mayor or County Mayor�s designee to execute on behalf of Miami-Dade County, Florida a New Business Agreement I.D. No. 23064 entitled: Agreement for Sanitary Sewer Facilities between Miami-Dade County and CP Logistics Westview, LLC, in substantially the form attached hereto and made a part hereof, which Agreement includes, among other things, a provision for the construction of new sewer facilities and a new sewage pump station, for a term of 365 days. Design and construction of the new sewage pump station has been estimated by the County to cost $3,446,994.00. CP Logistics Westview, LLC will assume responsibility for seven percent of total project costs in the amount of $242,690.00; the County will assume responsibility for 93 percent of the total project costs in an amount not to exceed $3,224,304.00. Section 2. Approves the allocation of $3,224,304.00 from Program No. 17 (OMB # 967090). Section 3. Finds it in the best interest of the County to waive formal bid procedures, pursuant to Section 2-8.1, Section 5.03(d) of the Home Rule Charter, and Section 255.20, Florida Statutes, by two-thirds vote of the Board because CP Logistics Westview, LLC and its contractor are uniquely qualified to undertake the project. CP Logistic Westview, LLC�s contractor is currently under contract to perform work that is affiliated with the project. Further, delay of the project until such time as the County can construct the project itself will result in higher costs to complete the project and cause undue hardship to the developers constructing and/or intending to construct projects in this area where there is currently deficient sewer infrastructure. Section 4. Authorizes the County Mayor or County Mayor�s designee to exercise the provisions contained therein. HEADER Date: To: Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of County Commissioners From: Carlos A. Gimenez Mayor Subject: Resolution Approving an Agreement between Miami-Dade County and CP Logistics Westview, LLC to Construct Sewer Improvements Including a Sewage Pump Station in an Amount Not to Exceed $3,224,304 STAFF RECOMMENDATION In order to facilitate the construction of needed sewer infrastructure utilizing, in part, County General Obligation Bond funds, it is recommended that the Board of County Commissioners (Board) approve the attached resolution: (1) approving an agreement titled: �Agreement for Sanitary Sewer Facilities between Miami-Dade County and CP Logistics Westview, LLC� (Sewer Agreement) between the County, through its Water and Sewer Department (WASD), and CP Logistics Westview, LLC for a period of 365 days, and (2) waiving the competitive formal bidding requirements of Section 2-8.1 of the Miami-Dade County Code, Section 5.03(d) of the Home Rule Charter and Section 255.20 of the Florida Statutes. Scope This Sewer Agreement provides for the construction of a 643,294 square foot industrial warehouse and a 160,823 square foot office building at 11700 E. Gulf Drive, Miami, Florida 33167, in addition to off-site sewer infrastructure, including a new pump station for the County. The proposed project area (which includes the building facilities and off-site sewer infrastructure) is bounded by NW 119 Street to the north, NW 27 Avenue to the west, NW 107 Street to the south, and NW 22 Avenue to the east in District 2, which is represented by Commissioner Jean Monestime. Fiscal Impact/Funding Source There is a fiscal impact to the County for the construction of the new sewer infrastructure. The total project estimate for the sewer improvements is $3,466,994. This estimate, which includes design and construction costs, was prepared by CP Logistics Westview, LLC and was reviewed, validated and approved by WASD. As part of the attached Sewer Agreement, CP Logistics Westview, LLC will contribute seven percent of the total estimated cost in the amount of $242,690, which is based on the projected flows it will contribute to the new sewer infrastructure as determined by a hydraulic flow analysis performed by WASD. The County will contribute the remaining ninety-three percent of the total estimated costs, up to a maximum of $3,224,304 through project completion, which will be funded by General Obligation Bonds per Resolution No. R-537-14 that has been earmarked for such sewer improvement projects. Additional cost payables submittals by CP Westview Logistics, LLC beyond the maximum of $3,224,304 are non-negotiable and will not be subject to cost sharing by the County. This sewer project is budgeted under OMB Project No. 967090: Extension of Sewer System to Commercial and Industrial Corridors of the County Per BCC Resolution No. R-537-14- Building Better Communities Bond, page number 59, Adopted Capital Budget FY16-17. Track Record/Monitor WASD�s Deputy Director of Capital Improvements and Regulatory Compliance, Hardeep Anand, will be responsible for overseeing the implementation of this Sewer Agreement. Background The industrial area for the proposed project in the attached Sewer Agreement resides in WASD�s sewer service area in unincorporated Miami-Dade County and has no sewer infrastructure. Water service is provided by the City of North Miami as the City owns and operates its own water treatment plant in addition to being a County wholesale water customer. In July 2013, the Board adopted Resolution R-597-13 requiring the development of a plan to extend sewer service to major commercial and industrial corridors, including the NW 27 Avenue Corridor in which the proposed project area is located. The availability of a sewer collection system would improve the economic development capacity of these corridors and provide opportunities to new and existing businesses because they currently rely on septic tanks that are at capacity. As such, the Department has scheduled sewer infrastructure projects in its Capital Improvement Program to provide the sewer system enhancements needed in these major commercial and industrial corridors. CP Logistics Westview, LLC approached the Department about the lack of sewer infrastructure in the proposed project area as it is planning to construct an industrial warehouse and an office building inside the project boundaries next year. By way of this Sewer Agreement, WASD has agreed to work with CP Logistics Westview, LLC to accelerate the construction of sewer infrastructure in the NW 27 Avenue Corridor and to accept a prorated payment in the total amount of $242,690 from CP Logistics Westview, LLC to offset the impact of the estimated flow that their new building facilities will utilize of the new pump station and offsite sewer infrastructure to be constructed. The attached Sewer Agreement contains the terms and conditions for the construction of sewer infrastructure, including a provision that requires CP Logistics Westview, LLC to convey the sewer facilities to the County, and to comply with all procedural requirements of the Internal Services Department�s Small Business Division, including: 1) Section 2-10.4.01: Community Business Enterprise Program for Architectural, Engineering, Landscape Architecture, Surveying and Mapping Professional Services, and 2) Section 10-33.02: Community Small Business Enterprise Construction. A Small Business Enterprise � Construction goal of 27.68 percent was assigned to this Sewer Agreement. See the Small Business Development Division Project Worksheet dated December 12, 2017, attached hereto as Exhibit A. In accordance with the requirements of Section 255.20(10)(a)-(d) pertaining to waiver of the competitive solicitation process, the County has published notice at least 14 days prior to the public meeting at which the waiver of the competitive solicitation process will be heard. Additionally, as required by Section 255.20(10)(d), the Engineer of Record for the Miami-Dade Water and Sewer Department has provided a written recommendation that CP Logistics Westview, LLC and its contractor be awarded the project without competitive solicitation. The Engineer of Record�s written recommendation is attached hereto as Exhibit B. The Engineer of Record�s opinion sets out the justification for the waiver of the competitive solicitation process and states that it is in the County�s best interest to waive the competitive bidding requirements for CP Logistics Westview, LLC and its contractor to perform the design and construction of the County�s new pump station and offsite sewer infrastructure because they are uniquely qualified to undertake the project. CP Logistics Westview, LLC�s contractor is currently working under contract adjacent to the proposed project site and is already constructing various improvements related to the sewer system needs for the CP Logistics Westview, LLC development. Further, the Engineer of Record has opined that postponement of this sewer infrastructure project until a time when the County can undertake the work itself would increase the costs of the project and would delay economic development in the area. Such a delay would cause an undue hardship to CP Logistic Westview, LLC and other developers that are constructing and/or intend to construct in the area where the new pump station and offsite sewer infrastructure are to be built. ________________ Jack Osterholt Deputy Mayor |
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