TITLE
RESOLUTION RATIFYING ACTION BY COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TAKEN UNDER THE SEAPORT DEPARTMENT�S CAPITAL IMPROVEMENT EXPEDITE AND ACCELERATION ORDINANCE TO AWARD A DESIGN-BUILD SERVICES AGREEMENT FOR THE NEW CRUISE TERMINAL G PROGRAM (CONTRACT NO.: 2022-010; SPD PROJECT NO.: DB23SP01) TO LEMARTEC-NV2A JOINT VENTURE, LLC, IN AN AMOUNT NOT TO EXCEED $344,798,861.57, INCLUSIVE OF CONTINGENCY AND DEDICATED ALLOWANCE ACCOUNTS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL PROVISIONS CONTAINED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:

Section 1. Incorporates the foregoing recital as if set forth fully herein.

Section 2. Ratifies the action of the County Mayor or County Mayor�s designee taken under the Seaport Department�s Capital Improvement Expedite and Acceleration Ordinance, section 2-8.2.15 of the Code of Miami-Dade County, to award a Design-Build Services Agreement for the New Cruise Terminal G Program (Contract No. 2022-010; SPD Project No.: DB23SP01) to Lemartec-NV2A Joint Venture, LLC in an amount not to exceed $344,798,861.57, inclusive of contingency and dedicated allowance accounts.

Section 3. Authorizes the County Mayor or County Mayor�s designee to exercise the provisions contained in such Design-Build Services Agreement. The original contract documents are on file with and are available upon request from the Intergovernmental Affairs Division of the Seaport Department.

HEADER
Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
County Mayor

Subject: Resolution Ratifying Contract Award Recommendation for Design-Build Services
for New Cruise Terminal G Program (Contract No. 2022-010; SPD Project No.
DB23SP01) pursuant to the Seaport Capital Improvement Programs Expedite and
Acceleration Ordinance; Section 2-8.2.15 of the Miami-Dade County Code

STAFF RECOMMENDATION
Executive Summary
This item recommends that the Board of County Commissioners (Board) ratify the County Mayor or County Mayor�s designee�s execution of Contract No. 2022-010, SPD Project No. DB23SP01, Design-Build Services for the New Cruise Terminal G Program (the Contract) between Miami-Dade County (County) and Lemartec-NV2A JV, LLC (Firm) in the amount not to exceed $344,798,861.57, pursuant to the Miami-Dade Seaport Department (Seaport or PortMiami) Capital Improvement Programs Expedite and Acceleration Ordinance, set forth in section 2-8.2.15 of the Code of Miami-Dade County (Seaport Expedite Ordinance).

The Cruise Terminal G Program at PortMiami involves the construction of a state-of-the-art cruise terminal designed to meet LEED Silver certification, with the capacity to accommodate up to 7,000 passengers. The new terminal will include a multi-level parking garage, an intermodal facility, and other critical infrastructure to support large cruise ships such as the Icon-class vessels. This contract supports the previously Board approved Cruise Terminal Usage Agreement with Royal Caribbean Group (RCG) through, Resolution No. R-1104-22, that is expected to generate a net positive fiscal impact to the County of $2.5 billion and gradually increasing passenger movements up to 2.1 million through the conclusion of the 36-year term, which is inclusive of three 7-year extensions.

Recommendation
It is recommended that the Board adopt the accompanying resolution ratifying the County Mayor or County Mayor�s designee�s execution of the Contract in an amount not to exceed of $344,798,861.57, pursuant to the Seaport Expedite Ordinance.

Delegated Authority
The Contract was awarded pursuant to the Seaport Expedite and Acceleration Ordinance, which delegates authority to the County Mayor or the County Mayor�s designee to award, execute, and implement contracts for previously funded capital projects and related goods and services for projects identified in the Seaport�s Multi-Year Capital Plan�s Capital Improvements Program, without the need for prior Board approval, but subject to ratification by the Board. Prior to ratification by the Board, PortMiami will administer the Contract and, accordingly, will exercise all rights contained within the Contract.

Utilization of the Seaport Expedite and Acceleration Ordinance requires:

i. The award value of the contract and operational considerations have been reviewed and approved by the Office of Management and Budget; and
ii. The base value of a recommended award does not exceed the Seaport Department's base estimate by more than twenty percent (20%); and
iii. The contractor or consulting firm receiving the award has an average evaluation rating of 2.5 or higher in the Capital Improvement Information System (CIIS) database and has no outstanding debts or goal deficits, and has submitted the required insurance(s), bonds, affidavits and documentation provided for as a condition of award; and
iv. None of the bidders have filed a timely bid protest pursuant to Sections 2-8.3 and 2-8.4 of the Code and Implementing Order 3-21.

Scope
PortMiami is located within District 5, represented by Commissioner Eileen Higgins. The impact of this item is countywide as PortMiami is a regional asset and generates employment for residents throughout Miami-Dade County.

Fiscal Impact/Funding Source
This item request ratification of a contract in the total amount of $344,798.861.57, funded out of Seaport Future Financing. The total amount is inclusive of a base bid amount of $301,119,253.00; a contingency allowance amount of $30,111,925.30; a dedicated allowance amount (permits) of $8,472,133.59; and an Art in Public Places amount of $5,095,549.68. Additional fiscal impact and funding source information is detailed in Exhibit A and the other accompanying attachments.

Track Record/Monitoring
Andrew Hecker, Seaport Deputy Director, and Helga Sommer, Acting Assistant Director of Capital Development for the Seaport Department, will oversee the implementation of this project.

Due Diligence/Safety Information
Pursuant to Resolution No. R-187-12, the Strategic Procurement Department (SPD) conducted due diligence in accordance with SPD�s Procurement Guidelines to determine vendor responsibility including verifying corporate status and that no performance or compliance issues exist. The lists referenced included: Capital Improvements Information System, Office of Small Business Development database, Sunbiz, Tax Collector�s Office, convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties list. Also examined as part of this due diligence: Florida Division of Business and Professional Regulation and the Office of Safety and Health Safety Administration in accordance with Resolution R-1181-18. There were no adverse findings relating to Firm responsibility.

Background
On April 5, 2016, the Board approved the Seaport Expedite Ordinance authorizing the County Mayor or County Mayor�s designee to award, execute, and implement contracts for previously funded capital projects and related goods and services for projects identified in the Seaport�s Multi-Year Capital Plan�s Capital Improvements Program, without the need for prior Board approval, but subject to ratification by the Board. The accelerated approval process, provided through the Seaport Expedite Ordinance, reduces the time period to award a contract by approximately 60 days to assist the Seaport Department in meeting its tenant commitments and project deadlines.

Additionally, on November 15, 2022, through Resolution No. R-1104-22, the Board authorized the County Mayor or the County Mayor�s designee to approve the Cruise Terminal Usage Agreement between the County and RCG to competitively procure and contract for capital improvements in connection with the design and construction of new Cruise Terminal G under the terms of the Seaport Expedite Ordinance.

The Cruise Terminal G Program at PortMiami involves the construction of a state-of-the-art cruise terminal designed to meet LEED Silver certification, with the capacity to accommodate up to 7,000 passengers. The new terminal will include a multi-level parking garage, an intermodal facility, and other critical infrastructure to support large cruise ships such as the Icon-class vessels. This contract is expected to generate a net positive fiscal impact to the County of $2.5 billion and gradually increasing annual passenger movements from its current annual amount of 600,000 passenger movements to 2.1 million annual passenger movements through the conclusion of the 36-year term, which is inclusive of three 7-year extensions.

As such, PortMiami is planning additional capacity by the development of a New Cruise Terminal G complex to accommodate Royal Caribbean International and Celebrity Cruises and their fleet of vessels. To meet the additional passenger volumes, baggage screening, passenger drop-off and pick-up areas, parking and roadway traffic, and provisioning may be expanded and/or improved to provide for a state-of-the-art Cruise Terminal and Parking Garage complex. In addition, a portion of the existing roadway system will be reconfigured to facilitate the increase in passenger traffic.

Exhibit A includes the details of the competitively bid award for which ratification is being requested. Exhibit A contains the information bulleted below for the contract award:

� Item Number
� Department Name
� Type of Solicitation
� Contract Type
� Contract No./Project No.
� Project Name
� Firm Awarded
� Commission District
� Contract Amount
� Funding Source(s)
� Estimated Start Date/Estimated End Date
� Contract Measures: SBE-A/E; SBE-Construction; SBE-Services; SBE-Goods
� Brief Project Description

Exhibit B is the recommendation to award the contract referenced as Item No. 1 in this memorandum. The contract listed is executed by the County Mayor or County Mayor�s designee in accordance with Seaport Expedite Ordinance. Copies are available from the Intergovernmental Affairs Division of the Seaport Department upon request.


__________________________
Jimmy Morales
Chief Operating Officer