city of miami gardens city council agenda

City of Miami Gardens

City Council Agenda

March 11, 2020 at 7:00 PM

City Council: Mayor Oliver Gilbert Vice Mayor Rodney Harris Councilman Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilman Reggie Leon Councilman David Williams Jr Councilwoman Katrina Wilson

Staff: City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Mario Bataille, CMC

Contact: Council Chambers Miami Gardens, Florida 33056 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov

Next Regular Meeting Date: March 25, 2019

Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required.

Page

1. CALL TO ORDER/ROLL CALL

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF MINUTES 4.1 Regular City Council Meeting Draft Minutes –February 26, 2020

Sponsored by: City Clerk

5. ORDER OF BUSINESS

(Items to be pulled from Consent Agenda at this time)

6. SPECIAL PRESENTATIONS (5 MINUTES EACH)

7. PUBLIC COMMENTS

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8. ORDINANCE(S) FOR FIRST READING:

9. ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) 9.1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI

GARDENS, FLORIDA, AMENDING SECTION 34-447 “TREE PRESERVATION AND PROTECTION PERMIT” AND SECTION 34-451 “MAINTENANCE REQUIREMENT” OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI GARDENS, TO BE CONSISTENT WITH FLORIDA STATUTE SECTION 163.045; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Sponsored by: City Attorney Agenda Cover Memo #20-041 - Pdf

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10. RESOLUTION(S)/PUBLIC HEARING(S)

11. CONSENT AGENDA: 11.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI

GARDENS, FLORIDA, AUTHORIZING THE CITY OF MIAMI GARDENS TO JOIN THE LAWSUIT AGAINST THE FORMULA ONE GROUP AND THE HARD ROCK STADIUM AS AN INDISPENSABLE PARTY AT THE APPROPRIATE TIME, IF SUCH MOTION IS MADE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: Councilman Erhabor Ighodaro Agenda Cover Memo #20-044 - Pdf

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11.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI

GARDENS, FLORIDA, AMENDING RESOLUTION 2020-012-3411 TO INCLUDE AN ADDITIONAL ONE THOUSAND DOLLARS ($1000.00) TO SUPPORT CAROL CITY MIDDLE SCHOOL'S DANCE AND FILM DEPARTMENT CHARACTER EDUCATION INITIATIVE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: Councilman David Williams Jr. Agenda Cover Memo #20-045 - Pdf

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GARDENS, FLORIDA, AMENDING THE LEASE AGREEMENT WITH NEW URBAN DEVELOPMENT FOR THE CONSTRUCTION OF SENIOR HOUSING ON CITY-OWNED PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF NW 12TH AVENUE AND NW 183RD STREET, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager

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Agenda Cover Memo #19-190 - Pdf


GARDENS, FLORIDA, APPROVING THE PROPOSAL AND WORK ORDER SUBMITTED BY A&P CONSULTING TRANSPORTATION ENGINEERS CORP, PURSUANT TO CONTINUING ARCHITECTURAL AND ENGINEERING SERVICES REQUEST FOR QUALIFICATIONS (RFQ) NO. 18-19-008, FOR DESIGN SERVICES FOR THE MARCO CANAL CULVERT HEADWALLS REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY-EIGHT THOUSAND AND SEVEN HUNDRED AND EIGHTEEN DOLLARS AND NINETEEN CENTS ($128,718.19); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #20-017 - Pdf

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GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE TURNPIKE AUTHORITY FOR THE BRIDGE SIGNAGE ON THE TURNPIKE ACCESS ROAD ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #20-022 - Pdf

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GARDENS, FLORIDA, AWARDING A BID TO THE BG GROUP, LLC, THUNDER DEMOLITION, INC., CHIN DIESEL, INC., CROSS ENVIRONMENTAL SERVICES, INC., AND PARAGON CONSTRUCTION UNLTD., INC., IN RESPONSE TO REQUEST FOR QUALIFICATIONS NUMBER 19-20-004 PRE-QUALIFIED LIST FOR DEMOLITION SERVICES CITYWIDE; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #20-032 - Pdf

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GARDENS, FLORIDA, AWARDING ITB 19-20-007 TO FLORIDA LEMARK CORPORATION FOR CITY HALL MUNICIPAL GARAGE DECK WATERPROOFING; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE IN AMOUNT NOT TO EXCEED THE BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #20-035 - Pdf

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GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND THE AWARD TO INCLAN PAINTING AND WATERPROOFING, CORP, AUTHORIZING THE CITY MANAGER TO AWARD THE SECOND RANKED PROPOSER, ID PAINTING CORP TO PROVIDE TURN-KEY PAINTING SERVICES, INCLUDING BUT NOT LIMITED TO, ALL LABOR, MATERIALS AND EQUIPMENT REQUIRED TO PRESSURE CLEAN SCRAPE, PATCH AND REPAIR ALL EXTERIOR SURFACES TO RECEIVE NEW PAINT PER SPECIFICATION, FOR THE BETTY T. FERGUSON RECREATION CENTER AND ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT, FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #20-039 - Pdf

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GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS TO CONVEY THE PROPERTY LYING WITHIN NW 22 AVENUE RIGHT OF WAY TO MIAMI DADE COUNTY WATER AND SEWER DEPARTMENT (WASD) FOR THEIR FUTURE OPERATION AND MAINTENANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #19-137 - Pdf

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12. RESOLUTION(S)

13. QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE:

13.1. ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): 13.1.1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY CENTERPORT OWNER LLC FOR THE REZONING OF THE PROPERTY LOCATED AT 20775 NW 17TH AVENUE, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL TO PD - PLANNED DEVELOPMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #20-042 - Pdf

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13.2. ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)

13.3. RESOLUTION(S)/PUBLIC HEARING(S)

14. REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (3 MINUTES EACH)

15. REPORTS OF MAYOR AND COUNCIL MEMBERS (3 MINUTES EACH)

16. WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC

17. ADJOURNMENT

In accordance with the American with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact Mario Bataille, CMC, City Clerk (305) 622-8000 ext. 2830, no later than 48 hours prior to such proceedings. TDD number 1-800-955-8771.

Anyone wishing to obtain a copy of any agenda item may contact Mario Bataille, CMC, City Clerk (305) 914-9010 ext. 2830. The entire agenda packet can also be found on the city’s website at www.miamigardens-fl.gov.

Anyone wishing to appeal any decision made by the city of Miami Gardens with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

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https://www.miamigardens-fl.gov/

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Agenda Cover Memo Meeting: City Council - Mar 11 2020

20-041

Department

City Attorney's Office

Sponsored By City Attorney

Agenda Item Title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,

FLORIDA, SECTION AMENDING 34- ANDPRESERVATION “TREE447PROTECTION PERMIT” AND SECTION 34-451 “MAINTENANCE REQUIREMENT” OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI GARDENS, TO BE CONSISTENT WITH FLORIDA STATUTE SECTION 163.045; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL

SEVERABILITY CLAUSE;AIN CONFLICT; ORDINANCES PROVIDING PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.

Staff Summary On June 27, 2019, the Florida Legislature passed Committee Substitute for Bill 1159 which

was codified as Florida Statute Section 163.045. The legislation prohibits local governments orfees, permits,approvals, applications,requiringfrom notices, mitigation for pruning, trimming, or removal of trees on residential property if the property owner obtains specified documentation and also prohibits local governments from requiring property owners to replant such trees.

Because continued enforcement of regulations in conflict with this new law would constitute illegal requirements, certain sections of the City of Miami (“City”) Gardens Code of Ordinances must be amended.

Fiscal Impact Recommended Action That the City Council adopts the proposed Code amendments.

Attachments ORDINANCE -Tree Removal

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Added language is underlined. Deleted language is stricken through.

ORDINANCE NO. 2020_____

1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 2 OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 3 34-447 “TREE PRESERVATION AND PROTECTION 4 PERMIT” AND SECTION 34-451 “MAINTENANCE 5 REQUIREMENT” OF CHAPTER 34 OF THE CODE OF 6 ORDINANCES OF THE CITY OF MIAMI GARDENS, TO BE 7 CONSISTENT WITH FLORIDA STATUTE SECTION 8 163.045; PROVIDING FOR ADOPTION OF 9 REPRESENTATIONS; REPEALING ALL ORDINANCES IN

10 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 11 PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 12 EFFECTIVE DATE.

13 WHEREAS, on June 27, 2019, the Florida Legislature passed Committee 14 Substitute for House Bill 1159 which was codified as Florida Statute Section 163.045, 15 and

16 WHEREAS, the legislation prohibits local governments from requiring notices,

17 applications, approvals, permits, fees, or mitigation for pruning, trimming, or removal of

18 trees on residential property if the property owner obtains specified documentation and

19 also prohibits local governments from requiring property owners to replant such trees,

20 and

21 WHEREAS, because continued enforcement of regulations in conflict with this

22 new law would constitute illegal requirements, certain sections of the City of Miami

23 (“City”) Gardens Code of Ordinances must be amended, and

24 WHEREAS, the City Council finds that it is the best interest of the City to

25 adopt the following Code amendments,

26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

27 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:

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28 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas

29 paragraphs are hereby ratified and confirmed as being true, and the same are hereby

30 made a specific part of this Ordinance.

31 Section 2. AMENDMENT: CHAPTER 34 - Zoning and Land Development of

32 the Code of Ordinances of the City of Miami Gardens is hereby amended as follows:

33 Sec. 34-447. - Tree Preservation and Protection Permit.3435 (a) Applicability. These tree preservation and protection regulations ("tree regulations") 36 shall be a minimum standard for the protection, removal and relocation of trees and 37 shall be enforced by the city.3839 (b) Tree impact permit required.4041 (1) Tree impacts. A tree impact permit is required for the removal or relocation of 42 any tree in the city not specifically exempted pursuant to 34-447(5). It shall be 43 unlawful for any person, unless otherwise permitted by the terms of these tree 44 regulations to remove, hatrack, effectively destroy remove greater than 25% of a 45 tree’s canopy within a 12-month period, impact the critical root zone of a 46 specimen tree, or otherwise conduct canopy or root trimming work not in 47 accordance with ANSI A-300 standards. Words underlined are added. Words 48 stricken through are deleted.4950 (2) Mitigation for Unauthorized removal. In addition to those penalties imposed in 51 this article, trees that have been removed without proper authorization shall be 52 replaced on the basis of twice the standard replacement requirements per Sec 53 34-448. If a tree removed is no longer on site, the city shall utilize all readily 54 available records and data such as the stump, historic photos, historic records, 55 etc. to estimate the size of the tree removed.5657 (3) Natural Forest Communities. All trees located within natural forest 58 communities shall also be subject to the requirements of article 3 of chapter 24 of 59 the Miami-Dade County Code, as amended. Applicants will be referred to Miami-60 Dade County to obtain authorization for vegetation removal activities within 61 natural forest communities.6263 (4) Exemptions. The following activities may qualify for exemption from tree 64 removal permit requirements, subject to review by City staff. Applicants must 65 submit a tree removal application to the City to verify applicability of an 66 exemption prior to conducting tree removal.67

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68 a. Vegetation removal and management activities authorized by permit 69 from Miami-Dade County within a designated Natural Forest 70 Community are exempt from additional tree removal permit 71 requirements from the City. Applicants are required to submit approved 72 permit(s) for verification of exemption.7374 b. Removal of any dead tree, provided that the tree can be demonstrated 75 to have died from natural causes without significant harm from human 76 activity, and provided the tree is not located within a natural forest 77 community.7879 c. Removal of prohibited and controlled species as defined in the Miami 80 Dade County Code and Miami Dade County Landscape Manual.8182 d. Removal of any tree which has been destroyed or effectively destroyed 83 by an act of God, or by acts outside of the control of any person, 84 individually or otherwise, who has or had a legal, beneficial or 85 equitable interest in the real property upon which such tree is located, 86 which acts could not have been prevented by the exercise of 87 reasonable care by that person. Where a tree has been destroyed or 88 effectively destroyed as described above, it is the intent of this 89 provision to exempt from liability for such destruction or effective 90 destruction the person who has or had a legal beneficial or equitable 91 interest in the real property upon which such tree is located if the 92 person could not have prevented the destruction by the exercise of 93 reasonable care.9495 e. Removing, trimming, cutting or removal of any tree located upon land 96 which is a wetland as defined in this chapter, provided the entity has 97 obtained valid wetlands federal/state/local permits, which contain 98 specific provisions for the trimming/removal of these trees. Mangrove 99 trimming and removal must be authorized under the state’s Mangrove

100 Trimming and Preservation Act, ss. 403-9321-403.9334, F.S./Chapter 101 24 of the Miami Dade County Code. The city may request copies of 102 permits/authorizations to verify that the proposed activities qualify for 103 this exemption.104105 f. Removal of trees determined by a properly qualified ISA Certified 106 Arborist to be classified as High Risk, where mitigation options to 107 remove risk are not viable. Removal of any tree where the property 108 owner obtains documentation from an arborist certified by the 109 International Society of Arboriculture or a Florida licensed landscape 110 architect that the tree presents a danger to persons or property. If a 111 tree was pruned, trimmed, or removed under this exception and in

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112 accordance with F.S. § 163.045, the property owner will not be 113 required to replant a tree.

114115 Notes: Removal of trees required by an approved landscape plan will require 116 replacement in kind to maintain compliance with the approved plan, regardless of tree 117 mitigation requirements (or lack thereof) except when the tree was pruned, trimmed, or 118 removed in accordance with F.S. § 163.045.119120 Removal of any tree specifically exempted by state or federal law from requiring a 121 permit for removal must be documented as compliant with the rule by an appropriately 122 qualified ISA Certified Arborist or a Florida licensed landscape architect in a written 123 report, with a courtesy copy provided to the city.124 125 Owners of properties with trees removed under claim of any exemption without 126 documentation to verify the exemption will be subject to tree removal permit 127 requirements including penalties for unauthorized removal as applicable.128129 (6) Review of permits for removal in rights-of-way, government properties. The 130 administrative officer or designee shall review and make the determination for 131 tree removal for trees in rights-of-way and on city-owned properties, unless 132 removals within rights-of-way are proposed as part of the site 133 development/building permit process, in which case the permittee shall be 134 responsible for justification for tree removal/ relocation and required mitigation. 135 The city shall keep a record of removals within city-owned properties and city-136 installed landscaping, to ensure that mitigation requirements for these trees are 137 met.138139 (c) Application. A tree removal permit application shall be made to the planning and 140 zoning department on a form approved by the administrative official and shall be 141 accompanied by the required fee and required documents for the review of the 142 application, as listed in the city code, the application form, and the landscape manual.143144 (d) Review and evaluation of permit application.145146 (1) The planning and zoning official shall conduct a review of each completed 147 tree removal permit application. This review and all actions taken by the 148 administrative official under the provisions of these tree regulations shall be 149 conducted using best available practices from biology, botany, forestry, 150 landscape architecture and other relevant fields, and shall be conducted in a 151 manner that is consistent with all applicable goals, objectives and policies 152 outlined in this chapter and in the comprehensive development master plan.153154 (2) Upon receipt of a completed permit application, the administrative official or 155 designee shall visit the site and determine whether the site contains specimen

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156 trees or any other trees subject to the provisions of these regulations. The official 157 will examine:158159 a. Specimen tree standard. The standards to be applied in reviewing tree 160 removal applications involving specimen trees are as follows: 161 Specimen trees shall be preserved. Upon receipt of an application to 162 remove a specimen tree, the administrative official or designee shall 163 consider the following factors in evaluating said application:164165 i. Size and configuration of the property.166 ii. Size and configuration of any proposed specimen tree.167 iii. Location of the tree relative to any proposed development.168 iv. Whether or not the tree can be preserved under the proposed plan 169 or any alternative plan.170 v. Health, condition and aesthetic qualities of the tree.171 vi. Whether the tree poses a threat to persons or property. The 172 administrative official or designee may recommend from time to 173 time the designation of certain trees located within the city as 174 specimen or historic trees. In addition, the matter shall be 175 presented to the city council for its determination. The city council 176 shall consider the report of the of the administrative official and 177 shall either accept, modify or deny the recommendation and may 178 designate by resolution those trees it deems appropriate as 179 specimen or historic trees. The city council may designate by 180 resolution protected trees, specimen trees, and/or historic trees as 181 defined herein. Any tree which has been declared to be a protected 182 tree shall not be removed unless approved by the city council.183184 b. Other trees. If there are trees present on a site other than specimen 185 trees, then the replacement provisions of the replacement 186 requirements for tree removal section shall apply.187188 c. Combination of tree types. In the event that a site contains any 189 combination of specimen trees or other trees, then the provisions of 190 the Code shall be applied in proportion to the presence of each type of 191 tree or community. 192193 (e) Issuance. The planning and zoning administrative official or designee may approve, 194 approve with conditions, or deny an application and issue a permit (subject to 195 conditions, limitations or restrictions), for the activity proposed under the permit 196 application.197198 (f) Condition for replacement requirements for issuance of tree removal permit. As a 199 condition of the issuance of a tree removal permit, the permittee may be required to 200 replace trees that are authorized to be removed under the provisions of these tree 201 regulations. The number of trees and number of species of trees required for

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202 replacement shall be determined according to the specifications contained herein. The 203 planning and zoning official may require that replacement shall be described in a 204 landscape replacement plan which shall meet the minimum requirements of the Code. 205 No tree removal permit shall be issued until the administrative official has approved said 206 plan.207208 (g) Tree protection bonds. A bond may be held by the city for one year to insure 209 successful tree replacement for proposed tree relocations and for specimen trees with 210 proposed construction impacts within the critical root zone. Such bond amount shall be 211 assessed at twice the equivalent value of the required replacement tree(s). Relocations 212 or tree protection that are not wholly successful, as determined by the city, may be 213 resolved through replacement plantings or payment to the Tree Fund. If neither of these 214 options are accomplished within 90 days of notice by the city, the city may retain the 215 entire bond value.216217 All required plans or covenants are submitted and are in compliance with the standards 218 herein.219220 Sec. 34-451. - Maintenance Requirements.221222 (a) Responsibility. All owners of land or their agents shall be responsible for the 223 maintenance of all landscaping. This includes mowing and maintaining abutting rights-224 of-way, swales, lakes and canal banks.225226 (b) Intent. Landscaping shall be maintained in a good condition so as to present a 227 healthy, neat and orderly appearance at least equal to the original installation and shall 228 be mowed or trimmed in a manner and at a frequency so as not to detract from the 229 appearance of the general area, which shall include, but not be limited to, hat racking, 230 defacing, or painting of trees, and the proper trimming and pruning techniques as 231 outlined in the city's landscape manual except where the property owner obtains 232 documentation from an arborist certified by the International Society of Arboriculture or 233 a Florida licensed landscape architect that the tree presents a danger to persons or 234 property.235236 (c) Safety. Landscaping shall be maintained to minimize property damage and public 237 safety hazards, including removal of living, dead or decaying plant material, removal of 238 low hanging branches and those obstructing street lighting and maintenance of sight 239 distance standards as set forth herein.240241 (d) Natural habitats. Dead or declining plant material considered to be part of a natural 242 habitat feature located on public property are exempt from these landscaped 243 maintenance provisions except where maintenance is necessary to avoid damage to 244 public property or to mitigate safety hazards.245

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246 (e) Standards. Landscaping shall be maintained in accordance with the following 247 standards. The city may require a landscape maintenance plan as a condition for 248 approval of a landscape plan or tree removal permit, or in response to a finding of 249 noncompliance/ nonconformance of existing landscaping. The contents of the 250 landscape maintenance plan shall follow the requirements stated in the city landscape 251 manual, including the following:252253 (1) Insects, disease, etc. Landscaping shall be kept shall be kept free of visible 254 signs of insects and disease and appropriately irrigated and fertilized to enable 255 landscaping to be in a healthy condition.256257 (2) Mulch. Three inches of clean, weed-free, approved organic mulch shall be 258 maintained over all areas originally mulched at all times until landscaped area 259 matures to 100 percent coverage. The use of heat-treated mulch obtained from 260 Melaleuca, Eucalyptus, or other invasive plant species is encouraged in order to 261 reduce their impact on the environment and to preserve the remaining native 262 plant communities. For this reason, the use of Cypress mulch is strongly 263 discouraged.264265 (3) Turf edge trimming. All roadways, curbs and sidewalks shall be edged to 266 prevent encroachment from the adjacent turfed areas. Line trimmers shall not be 267 used to trim turf abutting trees or other plant material.268269 (4) Irrigation systems:270271 a. Irrigation systems shall be maintained to eliminate water loss due to 272 damaged, missing or improperly operating sprinkler heads, emitters, 273 pipes.274275 b. Irrigation systems shall be designed, installed and maintained to 276 minimize application of water to impervious areas and/or so as not to 277 create a vehicular use hazard on rights-of way, ingress/egress 278 easements or other vehicular use areas.279280 c. Low-volume, drip, trickle and emitter irrigation is encouraged to 281 promote good Florida Friendly principles where applicable.282283 d. A functioning rain sensor/shutoff device shall be required on all 284 irrigation systems installed after 1991 as mandated by F.S. § 373.662.285286 e. In order to reduce the amount of water lost to evaporation, irrigation 287 systems shall be operated between the hours of 5:00 p.m. and 8:00 288 a.m. only, or as amended by state, county, city and/or South Florida 289 Water Management District regulations. It is furthermore strongly 290 recommended that irrigation systems operate primarily in the early 291 morning hours after 4:00 a.m. to reduce the likelihood of any

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292 horticultural plant diseases developing. Operation of the irrigation 293 system for maintenance, repair, sod installation for new construction 294 and landscape maintenance activities (such as required application of 295 water to apply fertilizer, herbicides and pesticides) is not limited to 296 these hours.297298 f. The duration that zones are operated should be adjusted to reflect the 299 size of the zone as well as the needs of the plant material in the zone. 300 Unnecessary and excessive watering can promote root rot and other 301 plant diseases.302303 g. Under drought conditions, compliance with the watering restrictions of 304 the South Florida Water Management District is required.305306 (5) Pruning. Any necessary tree pruning must conform at a minimum to ANSI A-300 307 standards and as set forth in the city's landscape manual except where the property 308 owner obtains documentation from an arborist certified by the International Society of 309 Arboriculture or a Florida licensed landscape architect that the tree presents a danger 310 to persons or property.311312 Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith

313 are hereby repealed.

314 Section 4. SEVERABILITY: If any section, subsection, sentence, clause,

315 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by

316 any court of competent jurisdiction, such portion shall be deemed a separate, distinct

317 and independent provision and such holding shall not affect the validity of the remaining

318 portions of this Ordinance.

319 Section 5. INCLUSION IN CODE: It is the intention of the City Council of the

320 City of Miami Gardens that the provisions of this Ordinance shall become and be made

321 a part of the Code of Ordinances of the City of Miami Gardens and that the section of

322 this Ordinance may be renumbered or relettered and the word “Ordinance” may be

323 changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the

324 use of which shall accomplish the intentions herein expressed.

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325 Section 6. EFFECTIVE DATE: This Ordinance shall become effective

326 immediately upon its final passage.

327 PASSED ON FIRST READING ON THE _____ DAY OF __________, 2020.

328 PASSED AND ADOPTED on second reading this ____ day of _____________, 2020.

329 CITY OF MIAMI GARDENS, FLORIDA

330 By: _____________________________331 OLIVER GILBERT, III, MAYOR332333334335336337338 ATTEST:339340 (SEAL)341 _________________________________342 MARIO BATAILLE, CITY CLERK343344345 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY346347 SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY348349 Moved by: __________________350351 Second by: _________________352353 VOTE: _________354355 Mayor Oliver Gilbert III (Yes) (No)356 Vice Mayor Rodney Harris (Yes) (No)357 Councilman Reggie Leon (Yes) (No)358 Councilwoman Lillie Odom (Yes) (No)359 Councilwoman Katrina Wilson (Yes) (No)360 Councilman David Williams Jr. (Yes) (No)361 Councilman Erhabor Ighodaro (Yes) (No)

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20-044

Department

Mayor and City Council

Sponsored By Councilman Erhabor Ighodaro

Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,

FLORIDA, AUTHORIZING THE CITY OF MIAMI GARDENS TO JOIN THE LAWSUIT AGAINST THE FORMULA ONE GROUP AND THE HARD ROCK STADIUM AS AN INDISPENSABLE PARTY AT THE APPROPRIATE TIME, IF SUCH MOTION IS MADE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

Staff Summary On February 19, 2020, a group of Miami Gardens residents filed a lawsuit against the

Formula One Group and the Hard Rock Stadium in an effort to stop the 2021 Miami Grand Prix, which the plaintiffs seek a declaration that the high-speed automobile race violate 21Sectionwould - Miamiof28 the - torelatingcodeCountyDadeunreasonably loud, excessive, unnecessary or unusual noise and Section 16-24 of the City of Miami Gardens Code of Ordinance relating to unreasonably loud or raucous noise. The joint lawsuit is attached hereto as Exhibit “A”. The plaintiffs allege that proceeding with plans to host the Formula One races in Miami Gardens will force residents to experience dangerous noise levels that will cause them to exceed not only the daily recommended noise dose, but that poses significant health risks and negative impacts to their quality of life. The joint lawsuit details the steps taken by the City of Miami Gardens and its County Commissioner, Barbara Jordan, to prevent the race from taking place. At the City Of Miami Gardens’ Regular Council Meeting held on October 23, 2019, the City Council unanimously passed Resolution 2019-220-3349 objecting to the proposal of Formula One (1) racing at the Hard Rock Stadium, attached hereto as Exhibit “B”. Councilman Ighodaro believes that the Hard Rock Stadium’s resolve to defy the will of the Miami Gardens residents, its elected representatives, and the unanimous consent of the Council - objecting to the race in their community - and the act of forced acceptance of potentially dangerous conditions on a predominantly African American community is tantamount to environmental racism. This Resolution supports the lawsuit and accepts that the City of Miami Gardens can be adjoined to the lawsuit, without objection, as an indispensable party.

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Fiscal Impact Recommended Action It is recommended that City Council approves the resolution.

Attachments authorize the City to join lawsuit

Exhibit A - Filed Copy of Complaint-- Ferguson v. Miami Dolphins

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RESOLUTION NO. 2020____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY OF MIAMI GARDENS TO JOIN THE LAWSUIT AGAINST THE FORMULA ONE GROUP AND THE HARD ROCK STADIUM AS AN INDISPENSABLE PARTY AT THE APPROPRIATE TIME, IF SUCH MOTION IS MADE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on February 19, 2020, a group of Miami

Gardens residents and Homeowners Associations filed a

lawsuit against the Formula One Group and the Hard Rock

Stadium in an effort to stop the 2021 Miami Grand Prix, and

WHEREAS, the plaintiffs seek a declaration that the

high-speed automobile race would violate Section 21-28 of

the Miami-Dade County code relating to unreasonably loud,

excessive, unnecessary or unusual noise and Section 16-24

of the City of Miami Gardens Code of Ordinance relating to

unreasonably loud or raucous noise, and

WHEREAS, the plaintiffs allege that proceeding with

plans to host the Formula One races in Miami Gardens will

force residents to experience dangerous noise levels that will

cause them to exceed not only the daily recommended noise

dose, but that poses significant health risks and negative

impacts to their quality of life, and

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WHEREAS, at the City Of Miami Gardens’ Regular

Council Meeting held on October 23, 2019, the City Council

unanimously adopted Resolution No. 2019-220-3349

objecting to the proposal of Formula One (1) racing at the

Hard Rock Stadium, attached hereto as Exhibit “B”, and

WHEREAS, this Resolution authorizes the City

of Miami Gardens to join the lawsuit, as an indispensable

party at the appropriate time, if such a Motion if made,

NOW, THEREFORE, BE IT RESOLVED BY THE

CITY COUNCIL OF THE CITY OF MIAMI GARDENS,

FLORIDA AS FOLLOWS:

Section 1: ADOPTION OF REPRESENTATIONS:

The foregoing Whereas paragraphs are hereby ratified and

confirmed as being true, and the same are hereby made a

specific part of this Resolution.

Section 2: AUTHORIZATION: The City Council of

the City of Miami Gardens hereby authorizes the City of

Miami Gardens to join the lawsuit with the Miami Gardens

residents against the Formula One Group and the Hard

Rock Stadium as an indispensable party at the appropriate

time, if such motion is made.

Section 3: EFFECTIVE DATE: This Resolution

shall take effect immediately upon its final passage.

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PASSED AND ADOPTED BY THE CITY COUNCIL

OF THE CITY OF MIAMI GARDENS AT ITS REGULAR

MEETING HELD ON ____________, 2020.

___________________________________ OLIVER GILBERT, III, MAYOR

ATTEST:

__________________________________MARIO BATAILLE, CITY CLERK

PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY

SPONSORED BY: COUNCILMAN ERHABOR IGHODARO, PH.D.

Moved by: __________________

VOTE: _________

Mayor Oliver Gilbert , III ____ (Yes) ____ (No)Vice Mayor Rodney Harris ____ (Yes) ____ (No)Councilwoman Katrina Wilson ____ (Yes)

____ (No)Councilman Erhabor Ighodaro, Ph.D. ____ (Yes)

____ (No)Councilwoman Lillie Q. Odom ____ (Yes)

____ (No)Councilman Reggie Leon ____ (Yes) ____ (No)Councilman David Williams Jr ____ (Yes)

____ (No)

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Filing # 103542527 E-Filed 02/19/2020 11:31:12 AMAgenda Item #11.1

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20-045

Department

Mayor and City Council

Sponsored By Councilman David Williams Jr.


FLORIDA, RESOLUTION AMENDING 2020-012- ANTO INCLUDE 3411ADDITIONAL ONE THOUSAND DOLLARS ($1000.00) TO SUPPORT CAROL CITY MIDDLE SCHOOL'S DANCE AND FILM DEPARTMENT CHARACTER EDUCATION INITIATIVE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

Staff Summary On January 22, 2020, the City Council approved Resolution 2020-012-3411 allocating

One Thousand Dollars ($1000.00) from Councilman David Williams Jr. Public Affairs Account for Seat 5 to support Carol City Middle School Dance and Film Department initiatives. Councilman David Williams, Jr. is requesting to amend Resolution 2020-12-3411 for an additional One Thousand Dollars ($1,000.00) from the Public Affairs Account for Seat 5 to support of Carol City Middle School Dance and Film Department.

Fiscal Impact Upon approval of this amendment a total of $2,000.00 will be allocated from the Seat

5 Public Affairs Account.

Recommended Action It is recommended that City Council approve this resolution.

Attachments Supporting Carol City Middle School Dance and Film Department - ADDITONAL

FUNDING

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RESOLUTION NO. 2020-012-3411

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION 2020-012-3411 TO INCLUDE AN ADDITIONAL ONE THOUSAND DOLLARS ($1000.00) TO SUPPORT CAROL CITY MIDDLE SCHOOL'S DANCE AND FILM DEPARTMENT CHARACTER EDUCATION INITIATIVE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, in an effort to enhance participation in dance and film Carol City Middle School Dance and Film Department has developed a continual Character Education Initiative, to assist the students in developing skills to bridge the gap of diversity, education, character development, and community through art education via dance and film and

WHEREAS, Councilman David Williams, Jr. is a major contributor to expanding students’ opportunities to participate in firsthand learning experiences as he partners with principals throughout Miami Gardens to collaborate and support initiatives to create extra-curriculum activities, and

WHEREAS, Carol City Middle School has created a dance and film program to expand the learning experiences on topics related to science by engaging students in an interactive environment, exposing students to new learning experiences, and

WHEREAS, On January 22, 2020 the City Council approved Resolution No. 2020-012-3411 allocating One Thousand Dollars ($1,000.00) from Councilman Williams Jr. Public Affairs Account to support the Carol City Middle School Dance and Film Character Education Initiative, and

WHEREAS, Councilman Williams, Jr. is requesting an additional One Thousand Dollars ($1,000.00) from the Public Affairs Account for Seat 5 to support this initiative.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS:

Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and

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confirmed as being true, and the same are hereby made a specific part of this Resolution.

Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby amends Resolution No. 2020-012-3411 to include an additional One Thousand Dollars ($1,000.00) from the Public Affairs Account for Seat 5 to support the Carol City Middle School Dance and Film Character Education Initiative for a total of Two Thousand Dollars ($2,000.00).

Section 3: EFFECTIVE DATE: This Resolution shall

take effect immediately upon its final passage.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ____________ 2020.

________________________________OLIVER GILBERT, III, MAYOR

ATTEST:

________________________________MARIO BATAILLE, CMC, CITY CLERK

REVIEWED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY

SPONSORED BY: COUNCILMAN DAVID WILLIAMS JR.

Moved by: __________________

VOTE: _________

Mayor Oliver Gilbert , III ____ (Yes) ____ (No)

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Vice Mayor Rodney Harris ____ (Yes) ____ (No)Councilwoman Katrina Wilson ____ (Yes)

____ (No)Councilman Erhabor Ighodaro, Ph.D. ____ (Yes)

____ (No)Councilwoman Lillie Q. Odom ____ (Yes)

____ (No)Councilman Reggie Leon ____ (Yes) ____ (No)Councilman David Williams Jr ____ (Yes)

____ (No)

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19-190

Department

City Manager's Office

Sponsored By City Manager


FLORIDA, URBANNEWWITHLEASETHEAMENDING AGREEMENTDEVELOPMENT FOR THE CONSTRUCTION OF SENIOR HOUSING ON CITY-OWNED PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF NW 12TH AVENUE AND NW 183RD STREET, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

Staff Summary Background

On March 9, 2016, the City Council approved Resolution No. 2016-043-2942 directing the City Manager and City Attorney to negotiate a long-term lease/development agreement with the Urban League of Greater Miami for the construction and development of 100 units of senior housing to be located adjacent to the City’s proposed Senior Center on the northwest corner of NW 12th Avenue and NW 183rd Street. Negotiations were undertaken thereafter and a long-term lease agreement was approved by the City Council on September 27, 2017 through Ordinance No. 2017-11-375. Current Situation The developer is requesting an amendment to the existing agreement as shown on Exhibit A. The amendment includes an increase in the number of units from 100 to 150 along with changes to the project amenities. Under the amendment, the lease term will be changed from fifty (50) years with a twenty-five (25) year option to extend; to fifty-five (55) years with a twenty (20) year option to extend in addition to the ability to sublet or assign the lease. In addition, a cross-access agreement will be established along with a maintenance agreement for the Enrico Farmhouse. The Development Period to complete construction is to be amended to a new project completion date of December 31, 2024, replacing the previous project completion date of April 30, 2020.

Fiscal Impact Recommended Action Adopt the Resolution amending the lease agreement with New Urban Development

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for the construction of senior housing on City-owned property generally located at the northwest corner of NW 12th Avenue and NW 183rd Street.

Attachments reso new urban development

Exhibit A- FINAL AMENDMENT ONE TO LEASE AGREEMENT WITH NEW URBAN

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1 RESOLUTION NO. 2020____23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AMENDING THE LEASE 5 AGREEMENT WITH NEW URBAN DEVELOPMENT FOR THE 6 CONSTRUCTION OF SENIOR HOUSING ON CITY-OWNED 7 PROPERTY GENERALLY LOCATED AT THE NORTHWEST 8 CORNER OF NW 12TH AVENUE AND NW 183RD STREET, 9 ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE

10 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 11 EFFECTIVE DATE.121314 WHEREAS, on March 9, 2016, the City Council approved Resolution No. 2016-

15 043-2942 directing the City Manager and City Attorney to negotiate a long-term

16 lease/development agreement with the Urban League of Greater Miami for the

17 construction and development of 100 units of senior housing to be located adjacent to

18 the City’s proposed Senior Center on the northwest corner of NW 12th Avenue and NW

19 183rd Street, and

20 WHEREAS, negotiations were undertaken thereafter and a long-term lease

21 agreement was approved by the City Council on September 27, 2017 through

22 Ordinance No. 2017-11-375, and

23 WHEREAS, the developer is requesting an amendment to the existing

24 agreement as shown on Exhibit “A”, and

25 WHEREAS, the amendment includes an increase in the number of units from

26 100 to 150 along with changes to the project amenities, and

27 WHEREAS, under the amendment, the lease term will be changed from fifty (50)

28 years with a twenty-five (25) year option to extend; to fifty-five (55) years with a twenty

29 (20) year option to extend in addition to the ability to sublet or assign the lease, and

30 WHEREAS, a cross-access agreement will be established along with a

31 maintenance agreement for the Enrico Farmhouse, and

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2

32 WHEREAS, the Development Period to complete construction is to be amended

33 to a new project completion date of December 31, 2024, replacing the previous project

34 completion date of April 30, 2020, and

35 WHEREAS, Staff recommends that the City Council approve the amendment to

36 the lease agreement with New Urban Development for the construction of senior

37 housing on City-owned property generally located at the northwest corner of NW 12th

38 Avenue and NW 183rd Street,

39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

40 OF MIAMI GARDENS, FLORIDA AS FOLLOWS:

41 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas


43 made a specific part of this Resolution.

44 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens

45 hereby amends the lease agreement with New Urban Development for the construction

46 of Senior Housing on City-Owned property generally located at the northwest corner of

47 nw 12th avenue and nw 183rd street, attached hereto as Exhibit “A”.

48 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately

49 upon its final passage.

50 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI

51 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2020.

52

53 ___________________________________54 OLIVER GILBERT, III, MAYOR55565758 ATTEST:

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3

596061 __________________________________62 MARIO BATAILLE, CITY CLERK636465 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY666768 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER6970 Moved by: __________________7172 VOTE: _________7374 Mayor Oliver Gilbert , III ____ (Yes) ____ (No)75 Vice Mayor Rodney Harris ____ (Yes) ____ (No)76 Councilwoman Katrina Wilson ____ (Yes) ____ (No)77 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)78 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)79 Councilman Reggie Leon ____ (Yes) ____ (No)80 Councilman David Williams Jr ____ (Yes) ____ (No)

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36480432.2 03/04/2020

AMENDMENT NUMBER ONE TO LEASE AGREEMENT WITHNEW URBAN DEVELOPMENT LLC

THIS AMENDMENT IS MADE, as of the date of the last execution hereof, by and between the City of Miami Gardens, a municipal corporation, having an office at 18605 NW 27th Avenue, Miami Gardens, Florida 33056 (hereinafter “City” or “Landlord”) and New Urban Development, LLC, or its assignee, having an office at 8500 NW 25th Avenue, Miami, Florida 33147 (hereinafter “Tenant”).

R E C I T A L S

WHEREAS, the Landlord and Tenant entered into a Lease Agreement, as of October 10, 2017, and

WHEREAS, the Tenant has requested certain revisions to the Lease Agreement, and the Landlord has agreed with respect thereto, as provided herein in order to encourage the exclusive use and occupancy for the purposes of constructing, maintaining and operating a multi-family residential housing facility for the elderly, 55 years of age or older, consistent with the principles of the Fair Housing Act (“Project”) along with ancillary uses permitted within the Planned Development District (“PD”), and

WHEREAS, Landlord and Tenant desire to reduce their understandings with regard to such revisions to writing, as further provided herein,

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter described and in furtherance of the Project, the Parties agree as follows:

1. AMENDMENT 1. Sub-Section 1.2 is hereby amended to read as follows: USE OF LEASEHOLD PROPERTY: The use of the Leasehold Property, in its entirety, as revised hereunder, shall be restricted to the Project consisting of 150 garden-type units, built in a campus-like setting, consisting of two, five-story buildings, along with a separate clubhouse and management office, with residential unit sizes from a minimum 550 square feet for a one-bedroom unit and 791 square feet for a two-bedroom unit; provided, furthermore, the Project will contain the following project and unit amenities:

Project AmenitiesGym Fitness Center Washer/Dryer HookupsComputer Center ElevatorsBalconies Walking TrailsLibrary Gazebo/PavilionControlled Access

Unit AmenitiesOpen Kitchen Central Air-ConditioningEnergy Efficient Refrigerator, Dishwasher and Stove

Ceiling Fans

Built-in Microwave Vertical BlindsGenerous Cabinet Space with Pantry High Speed Internet Access AvailableCeramic Tile Floors Energy Efficient Appliances

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2. AMENDMENT 2. Sub-Section 2.1 of the Original Lease is hereby amended to read as follows: TERM: The Term of this Lease is fifty-five (55) years (“Lease Term”), unless terminated or extended in accordance with the terms of the Original Lease, and the same shall be deemed to have commenced on the Effective Date. The Tenant shall have the option of extending the Lease Term for an additional twenty (20) years by giving written notice therefor not earlier than two (2) years, but not later than one (1) calendar year, from the date that the Lease Term would expire. In the event the Tenant exercises such option, the terms hereof shall continue in full force and effect. In the event the Tenant does not exercise such option, time being of the essence thereof, the Tenant shall, instead, execute and deliver to the Landlord a release and termination agreement in substantially the same form as attached to the Original Lease as Exhibit “C”.

3. AMENDMENT 3. Sub-Sub-Section 2.3(c) is hereby amended to read as follows: DEVELOPMENT PERIOD: Tenant shall have forty-seven (47) calendar months after the expiration of the Approval Period to develop the Project through the Final Certificate of Occupancy. (“Development Period”). The Development Period may be extended for good cause shown. For the purposes hereof a showing of “good cause” shall include failure of the requisite governmental agencies to process bona fide, complete plans and specifications in a reasonable time, the failure of the applicable contractors to honor their respective contracts, the failure of any leasehold mortgagee to fund the Project without good cause and any Force Majeure acts or occurrences. In tandem, the Inspection Period, Approval Period and Development Period shall not extend beyond December 31, 2024, If the Tenant does not successfully complete the Development Period, as the same may be extended for good cause shown, the Tenant shall, upon demand of the Landlord, forthwith execute and deliver to the Landlord a written release in substantial conformity as set forth on Exhibit “C,” as reflected in the Lease.

4. AMENDMENT 4. Sub-sub Section 5.3(a) is amended to read as follows: The Landlord intends to develop through new construction or restoration of existing structures such as the historically-designed farmhouse generally known and referred to as the “Enrico Farmhouse,” one or more senior-citizen facilities consisting of an auditorium, pavilions and associated improvements on the City Property. Within fifteen (15) calendar days after the issuance of the final Certificate of Occupancy for the first of such improvements, the Tenant shall undertake the maintenance and janitorial services, including landscaping and normal wear and tear on the improvements on the City Property with respect to such improvements and, thereafter, such other improvements as shall be completed on the City Property. The Landlord shall notify the Tenant, in accordance with Section 9 of the Original Lease, of the issuance of the applicable Certificate of Occupancy. Such maintenance and janitorial services shall meet the standard in Miami-Dade County for Class A office space, on a daily basis, which services shall include landscaping, replacements, sanitary facility cleaning with appropriate “GREEN” cleaners and sanitizers all in accordance with the protocols and standards set forth on Exhibit D, of the Lease’s, exterior and interior maintenance and services included.

5. AMENDMENT 5. Section 7 is hereby amended to read as follows: SUBLETTING, ASSIGNMENT: Tenant shall not have the right to sublease or assign any of its rights hereunder, without the Landlord’s mitten consent, which consent may be withheld in the Landlord’s absolute discretion, except that the Landlord’s approval shall be reasonable and according to objective standards with respect to the Tenant’s future development affiliate, provided that such affiliate shall be an entity in which all equity is owned by Tenant and over which Tenant has all practical control as to decision-making and policy-control.

6. AMENDMENT 6. Section 9 is hereby amended to read as follows: NOTICES: All notices, communications, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Lease shall be in writing, signed by the notifying party or officer, agent or attorney of the notifying party, and will be deemed delivered if served personally, including but not

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limited to delivered upon electronic or standard postal-service mailing by registered or certified mail, or by a recognized courier service that provides proof of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified within ten (10) calendar days. The places and contacts forgiving notice shall remain as such until they have been changed by written notice in compliance with the provisions of this section. For the time being, the Landlord and the Tenant designate the following respective places and contacts for giving of notice:

TO LANDLORD:RENT PAYMENTS:

City of Miami GardensAttn: Craig Clay, Deputy City Manager 18605 NW 27th Avenue, 3rd Floor Miami Gardens, FL 33056

With a Copy to:City of Miami GardensAttn: Director, Finance Department18605 NW 27th Avenue, 2nd FloorMiami Gardens, FL 33056

ALL OTHER NOTICES:

City of Miami GardensAttn: Cameron Benson, City Manager18605 NW 27th AvenueMiami Gardens, FL 33056

With Copy to:City of Miami GardensAttn: Sonja K. Dickens, City Attorney,Office of the City Attorney18605 NW 27th AvenueMiami Gardens, FL 33056

TO TENANT:

New Urban Development, LLCAttn: Oliver L. Gross8500 NW 25th AvenueMiami, FL 33147

7. RATIFICATION. Except as amended hereby, the Lease Agreement with New Urban Development LLC, effective October 10, 2017, is hereby ratified.

IN WITNESS WHEREOF, the parties have set their hands and seals, to this Amendment Number One, on the date following their signatures below:

CITY OF MIAMI GARDENS NEW URBAN DEVELOPMENT

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436480432.2 03/04/2020

By: ____ CAMERON BENSON, CITY MANAGER

By: __OLIVER L. GROSS, CHIEF EXECUTIVE

OFFICER

WITNESSES:

Signature

Printed Name

Signature

Printed Name

Date:

WITNESSES:

Signature

Printed Name

Signature

Printed Name

Date:

ATTESTED BY:

MARIO BATAILLE, CITY CLERK

CORPORATE SEAL

APPROVED AS TO FORM:

SONJA K. DICKENS, City Attorney

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20-017

Department

Public Works



FLORIDA, APPROVING THE PROPOSAL AND WORK ORDER SUBMITTED BY A&P TOPURSUANTCORP,CONSULTING TRANSPORTATION ENGINEERS CONTINUING ARCHITECTURAL AND ENGINEERING SERVICES REQUEST FOR QUALIFICATIONS NO. (RFQ) 18-19- SERVICES FOR THEFOR DESIGN 008,

REPLACULVERTCANALMARCO HEADWALLS IN ANCEMENT PROJECTAMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY-EIGHT THOUSAND AND SEVEN HUNDRED AND EIGHTEEN DOLLARS AND NINETEEN CENTS ($128,718.19); REPRESENTATIONS;PROVIDING FOR THE ADOPTION OF PROVIDING FOR AN EFFECTIVE DATE.

Staff Summary The City of Miami Gardens maintains five (5) culverts that direct stormwater from various catchments

areas in the Scott Lake Subdivision, under City Streets, into a series of connected waterbodies collectively known as Marco Canal, before eventually discharging into Biscayne Bay. These culverts, located at NW 17 Avenue, NW 18 Avenue, NW 19 Avenue, NW 20 Avenue and NW 171 Street were constructed more than forty years ago and are nearing the end of their useful life. The headwalls over the culverts are severely cracked and are either showing signs of failure due to settlement and bank erosion. The culvert pipes also appear to have failed at several locations. Sections of the canal embankments adjacent to the culverts have also experienced significant erosion and is extending into the erosion of land on adjacent properties. As recent as 2018, the west side headwall of the 18th Avenue headwall failed, resulting in the closure of one roadway lane and the adjacent sidewalk. A temporary repair was performed on the headwall and a new section of sidewalk was installed. The services of an Engineering Consultant, A&P Consulting Transportation Engineers Corp., has been solicited under the City’s Continuing Architectural and Engineering Services, RFQ#18-19-008, for the design of replacement headwalls at all of the five (5) culvert pipe locations, inspection and replacement or repair of damaged culvert pipes where deemed necessary, and canal embankment erosion mitigation. Headwall replacement shall include canal bank reinforcement/stabilization on each side of the headwall. The project will also include restoration of adjacent guard rails and fences that will be impacted during the headwall replacement. The consultant will obtain all permits for construction of the replacement headwalls and pipes. Replacement of the pipes and headwalls, and restoration of the canal embankments will enhance the safety of vehicles and pedestrians, restore the hydraulic and structural adequacy of the culverts and

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improve the flow of stormwater from the catchments areas into the Marco Canals. A&P Consulting Transportation Engineers Corp., has submitted a proposal in the total amount of $128,718.19 for the provision of design, inspection, survey and permitting services for the project.

Fiscal Impact Two grants for the project have been awarded to the City by the Florida Department of Environemtal

Protection (FDEP) under Agreement #LP1320H in the amount of $150,000, and Agreement #LPA0025, in the amount of $30,000. Additonal City funds for the project will be expended from Stormwater Fund Account Numbers 401-41-09-538-630-02 (FY2019 - $561,812) and 401-41-09-538-630-21 (FY2019 - $400,000 and FY2020 - $400,000). Total amount available for the design and construction of the project, including grant funds, is $1,541,812.

Recommended Action It is recommended that the City Council approve the attached resolution authorizing

the City Manager to approve the work order for design services for the Marco Canal Culvert A&Ptoorder purchaseaandProject Replacement Headwalls issueConsulting Transportation Engineers Corp., in the amount not to exceed $128,718.19 .

Attachments RESOLUTION - A&P Consulting

Exhibit A - Proposal and Fees submitted by A&P Consulting Transportation Engineers Corp. Exhibit B - Project Location Map for Marco Canals Culvert Headwalls Replacement Project

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1 RESOLUTION NO. 2020____23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE 5 PROPOSAL AND WORK ORDER SUBMITTED BY A&P 6 CONSULTING TRANSPORTATION ENGINEERS CORP, 7 PURSUANT TO CONTINUING ARCHITECTURAL AND 8 ENGINEERING SERVICES REQUEST FOR 9 QUALIFICATIONS (RFQ) NO. 18-19-008, FOR DESIGN

10 SERVICES FOR THE MARCO CANAL CULVERT 11 HEADWALLS REPLACEMENT PROJECT IN AN AMOUNT 12 NOT TO EXCEED ONE HUNDRED AND TWENTY-EIGHT 13 THOUSAND AND SEVEN HUNDRED AND EIGHTEEN 14 DOLLARS AND NINETEEN CENTS ($128,718.19); 15 PROVIDING FOR THE ADOPTION OF 16 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 17 DATE. 1819 WHEREAS, the City of Miami Gardens (“City”) maintains five (5) culverts that

20 direct stormwater from various catchments areas in the Scott Lake Subdivision, under

21 City Streets, into a series of connected waterbodies collectively known as Marco Canal,

22 before eventually discharging into Biscayne Bay, and

23 WHEREAS, these culverts, located at NW 17th Avenue, NW 18th Avenue, NW

24 19th Avenue, NW 20th Avenue and NW 171th Street, constructed more than forty years

25 ago, appear to have failed at several locations and their headwalls are severely cracked

26 and showing signs of failure due to settlement and bank erosion, and

27 WHEREAS, the services of A&P Consulting Transportation Engineers Corp.

28 have been solicited under the City’s Continuing Architectural and Engineering Services

29 RFQ #18-19-008, for the design of replacement headwalls at all five (5) culvert pipe

30 locations, inspection and replacement or repair of damaged culvert pipes where

31 deemed necessary, and canal embankment erosion mitigation, and

32 WHEREAS, City Staff recommends that the City Council approves the proposal

33 and work order submitted by A&P Consulting Transportation Engineers Corp. in the

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2

34 amount of One Hundred and Twenty-Eight Thousand and Seven Hundred and Eighteen

35 Dollars and Nineteen Cents ($128,718.19) for the provision of design, inspection,

36 survey and permitting services for the Marco Canal Culvert Headwalls Replacement

37 Project,







44 hereby approves the proposal and work order submitted by A&P Consulting

45 Transportation Engineers Corp, pursuant to Continuing Architectual and Engineering

46 Services RFQ #18-19-008, for design services for the Marco Canal Culvert Headwalls

47 Replacement Project In an amount not to exceed One Hundred and Twenty-Eight

48 Thousand and Seven Hundred and Eighteen Dollars and Nineteen Cents

49 ($128,718.19).





54

55 ___________________________________56 OLIVER GILBERT, III, MAYOR57585960

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3

61 ATTEST:626364 __________________________________65 MARIO BATAILLE, CITY CLERK666768 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY697071 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER7273 Moved by: __________________7475 VOTE: _________7677 Mayor Oliver Gilbert , III ____ (Yes) ____ (No)78 Vice Mayor Rodney Harris ____ (Yes) ____ (No)79 Councilwoman Katrina Wilson ____ (Yes) ____ (No)80 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)81 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)82 Councilman Reggie Leon ____ (Yes) ____ (No)83 Councilman David Williams Jr ____ (Yes) ____ (No)

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CITY OF MIAMI GARDEN PROPOSAL FOR ENGINEERING SERVICES

Marco Canal Culvert Headwall Replacement Design at NW 20th Ave, NW 19th Ave, NW 18th Ave, NW 171st St, and NW 17th Ave.

1 SCOPE OF WORK

The purpose of this scope of services is to provide consulting engineering services to the City of Miami Garden to prepare Construction Documents for the Marco Canal Culvert Headwall Replacement Design at NW 20th Ave, NW 19th Ave, NW 18th Ave, NW 171st St, and NW 17th Ave. The Scope of Work of this Task includes conducting site investigations, utility coordination, topographic surveys, engineering design, develop construction documents (plans & specifications), Geotechnical Engineering Services, ROV Underwater Image and Video Collection and permitting process. See detailed Scope of Work in Attachment A.

2 SCHEDULE

Within seven (7) days after the Notice-To-Proceed, the Consultant will provide a schedule of calendar deadlines.

3 ESTIMATE OF MANHOURS

A detailed Estimated Man-Hours and Fees worksheet is included in Attachment B; a summary of estimated man-hours and fees are provided below:

4 REQUEST TO UTILIZE/ADD SUBCONSULTANT

N/A

5 DELIVERABLES

Plans, Technical specifications, Permit Applications, Opinion of Probable Construction Cost and Schedule of Values.

6 EXCLUSIONS

N/A

7 METHOD OF COMPENSATION

The services identified shall be compensated in the form of Lump Sum of $128,713.19. Should additional work become necessary in excess of the amount authorized, justification shall be provided, and a separate letter of authorization will be required. Compensation will be based on progress submittals.

8 OTHER

N/A

Task Description Hours Total Fee

1 Project General Task 40 $ 5,060.00

2 Headwall Replacement

Design & Plans 417 $ 58,492.00

3 Construction Document 48 $ 7,502.00

4 Permitting 52 $ 7,425.00

Sub-total $ 78,478.94

M. G. Vera & Assoc.; Inc Surveyors $ 28,000.00

M. G. Vera & Assoc.; Inc Utility Locates $ 12,000.00

GCES Engineering Services, LLC. $ 5,734.25

ALERT5 International, LLC. $ 4,500.00

Grand Total $ 128,713.19

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ATTACHMENT A

SCOPE OF WORK

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December 3rd, 2019

Tom Ruiz Public Works Director City of Miami Gardens 1050 NW 163 Drive Miami Gardens FL 33169 Re: Project Consultant Work Order Proposal –Design Services and Construction Documents: Marco Canal Culvert Headwall Replacement Design at NW 20th Ave, NW 19th Ave, NW 18 Ave, NW 171St, and NW 17th Ave. Dear Mr. Ruiz, A&P Consulting Transportation Engineers, Corp. proposes to provide the services identified below for the project entitled "Marco Canal Culvert Headwall Replacement Design at NW 20th Ave, NW 19th Ave, NW 18th Ave, NW 171 St, and NW 17th Ave” Civil Engineering Services, pursuant to the Professional Service Agreement with the City of Miami Gardens for Continuing Architectural/Engineering services (RFQ 18-19-008), dated September 4, 2019.

I. GENERAL

The headwalls for the storm drainage pipe under NW 20 AVE, NW 19AVE, NW 18 AVE, NW 171 ST and NW 17 AVE have deteriorated and required replacement. Each headwall includes culverts beneath the roadways allowing water to flow under the roadway between canals; the condition of these culverts and the associated roadways will require inspection to assure structural integrity and determine if culverts required repairs.

The purpose of the project is to provide engineering design services to prepare a set of contract plans and specifications for a complete bid package. The bid package shall be suitable for the City to solicit bids from contractors for this work following City low bid procurement procedures. The consultant will communicate with the City and others as necessary, addressing management of time and resources and documentation

The consultant is to provide a set of plans and specifications suitable for the City’s bidding process for headwall and culvert repair as required to obtain contractors to replace the existing deteriorated headwalls. It is assumed that the headwalls at all five (5) locations will be similar in design using many of the same details when possible. Following construction, the new headwalls shall be stable and prevent erosion around the headwalls/culverts and adjacent roadways. The replacement headwall shall be designed to last a minimum of 30 years.

II. SCOPE OF WORK

Project Activity 1: Project General Tasks

Prime Consultant Project Management Meetings

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This task includes only the Prime Consultant Project Manager's attendance at coordination meetings phase review meetings, and other coordination activities. It also includes project management tasks and the preparation of meeting minutes.

Project Activity 2: Headwall Replacement Design & Plans

Headwall replacement plans shall include canal bank reinforcement/stabilization

up to 100’ on each side of each headwall (include 50%, 90% and 100% Final Submittal).

All details for the Contractor to replace the headwalls. Utility relocations/repairs shall be shown on the plans. Guardrail replacement per current FDOT codes. Sidewalks replacement as required. Fence replacement. Culvert repairs/relining/unclogging/replacement as required. Demolition of existing deteriorated headwalls as required. Details and sections of new headwalls. Provide bid item list Provide Cost Estimate

Project Activity 3: Construction Documents

Provide custom Technical Specifications associated with the proposed scope of work. Consultant will prepare a custom bid form and basis of Payment for this Project.

Project Activity 4: Permitting

Prepare and submit permit packages to permitting agencies. Permit fees will be paid by the City.

Respond to all RFI from Permitting Agencies to obtain all necessary permit approvals (to include but not limited to Miami Dade DRER, and the U.S. Army Corps of Engineers).

III. FEE PROPOSAL & SCHEDULE

In the following pages, please see the design fee proposal and schedule for the Marco Canal Culvert Headwall Replacement Design.

Should you have any questions or concerns, please do not hesitate to contact me at any time.

Sincerely,

Lazaro Ferrero, P.E.

December 3rd, 2019

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ATTACHMENT B

PROPOSAL FOR ENGINEERING SERVICES LABOR EXPENSES

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Agenda Item #11.4

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Agenda Item #11.4

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ATTACHMENT C

PROPOSAL FOR SURVEY LABOR EXPENSES

M.G. Vera & Associates, Inc.

Agenda Item #11.4

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M. G. Vera & Assoc., Inc. ENGINEERS••••SURVEYORS••••PLANNERS

M. G. VERA & ASSOCIATES, INC. •••• 13960 SOUTHWEST 47TH STREET •••• MIAMI, FL 33175

PHONE (305) 221-6210 • FAX (305) 221-1295 • ON THE WEB @ WWW.MGVERA.COM

Updated December 2nd, 2019, October 18th, 2019

A&P Engineers 8935 N.W. 35th Lane, Suite 200 Doral, Florida 33172

Re: Marco Canal Culvert Headwall Replacement, Miami Gardens, Miami-Dade County

Dear Lazaro Ferrero, P.E.: MGV appreciates the opportunity to perform our surveying services on this project. Below is our

scope of services for Survey Services of the above referenced project. All survey work will adhere to the STATE OF FLORIDA STANDARDS OF PRACTICE, Chapter 427.027 Florida Statutes and Rule 5J-17 Florida Administrative Code. The proposed Survey Scope of work includes the following Survey Services.

Survey Scope of Services:

1. Horizontal and Vertical Control.

Control points and benchmarks will be established as needed for the project.

Horizontal coordinates will refer to the North American Datum of 1983, Adjustment of 2011 (NAD83/11)

Elevations will refer to the National Geodetic Vertical Datum of 1929 (NGVD29)

2. Prepare a topographic survey for five (5) locations at the intersection of the Marco Canal. The survey will extend 100 feet on each side of the center of the culvert, and 100 feet along the canal on each side of the culvert. See Exhibit “A” for locations. The topographic survey will include the following items per location:

a. Locate roadway features above ground for 100 feet from right of way to right of way.

b. Canal banks from right of way to right of way.

c. Canal soundings 100 feet on each side of the culvert. A total of 6 cross section will be made per site.

d. Culvert location size, material, inverts.

e. Locate fences, trees, overhead wires, drainage structures, guard rails, valves, poles, etc.

f. Establish right of way lines of the roadway and canal for the limits of the survey.

3. MGV will provide design files in AutoCAD format and three (3) sets of signed and sealed hard copies of the topographic survey.

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Note:

- Additional work required outside the above task will be billed hourly as per the rates below.

- Underground utilities and Test holes / Soft digs are not a part of this proposal.

Fee:

MGV estimates that the budget for the Scope of Services detailed in this proposal is twenty-eight thousand dollars ($28,000.00).

We look forward to providing our services and please contact me if you have any questions or require additional information. Sincerely, M.G. Vera & Associates, Inc. ________________________________ Approved by:

______________________________ Manuel G. Vera Jr. PSM Signature Date:

Agenda Item #11.4

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Exhibit “A”

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ATTACHMENT D

PROPOSAL FOR UTILITY LOCATES LABOR EXPENSES

M.G. Vera & Associates, Inc.

Agenda Item #11.4

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December 3, 2019 Lazaro Ferrero, PE A&P Engineers 8935 NW 35th Lane Suite 200 Doral, FL 33172 Project: Marco Canal Culverts Dear Mr. Ferrero, MGV appreciates the opportunity to provide utility locating (test holes) services on the above project. Below is our scope of services for utility locating (test holes). Project Limits: See attached exhibit for site locations Subsurface Utility Locates (test holes) – Bank of 20 Test Holes MGV will perform utility locates (test holes) as directed by the EOR. MGV will utilize GPR and Electromagnetic Detection Equipment to determine the horizontal location of each utility, before completing each test hole. Each locate (test hole) will include horizontal coordinates, depth of cover, elevation, size, type, material and general direction of each found utility. MGV will notify Sunshine One-Call 48 hours in advance of performing the utility locates. A non-destructive vacuum excavation system will be utilized to expose the utilities. Test holes performed will be of minimum size (usually 1’ by 1’). Backfill of test holes will be performed utilizing material removed. Test holes performed in the street will be patched utilizing cold patch. Basic maintenance of traffic (signs, cones) will be included.

Survey Support Utilizing FPRN GPS/RTK methods, MGV will map the utility locates (test holes), process and place in appropriate a 2D Cad format.

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Deliverables

o Electronic Cad file in Microstation or AutoCAD Format depicting the utility locates (test holes) along with northing, easting, GPS ground elevations, depth of cover, size, type and material of each utility found.

Subsurface Utility Designating and Locating Conditions and Understandings The utility designates and locates are for design purposes only. The Florida One Call must be notified forty-eight (48) hours in advance of any excavation. Accuracy of Geophysical Mapping techniques, although highly reliable, are subject to outside interference. A few examples are: Soil condition, material conductivity, depth of utility, and various other geological anomalies that may distort or hinder electromagnetic and GPR frequencies. MGV will make every effort possible utilizing state of the art technology to designate and locate underground utilities; however there are no guarantees that all underground utilities or structures will be detected. MGV will not access confined spaces and is not included in this fee estimate. If accessing confined spaces are required, MGV will notify the client to discuss options. Additional fees may be applicable. Additional Clarifications and Understandings If cap rock or an obstruction is encountered during the test hole phase and further vacuum excavation cannot be performed without the potential for utility damage, MVG will consider the test hole completed, measure the depth to the top of the cap rock or obstruction reached, survey the location and consider the test hole completed and invoice accordingly. The below fee includes only backfill of test holes utilizing material removed in natural ground or cold patch within asphalt pavement or concrete in sidewalks for the approximate 1’ x 1’ test hole. If additional restoration is required, MG Vera will provide an additional proposal to cover the additional expense. Basic maintenance of traffic (signs, cones) is included, but if advanced MOT is required to close travel lanes, MGV will provide a separate proposal to cover the additional expense.

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This estimate does not include permit fees. This estimate does not include fees for signed and sealed MOT plans. If additional survey control is required to be established to locate the utility designations and completed test holes, a separate proposal will be provided to cover these additional efforts. Fees

Utility Locates (test holes): Bank of 20: $12,000.00 Per test hole rate: $600.00/per test hole (minimum 4 per request) We look forward to providing our services and please contact me if you have any questions or require additional information. Sincerely, Manuel G. Vera & Associates, Inc. ________________________________ Approved by:

___________________________________ Mark R. Sowers, PSM Signature Date:

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ATTACHMENT E

PROPOSAL FOR GEOTECHNICAL LABOR EXPENSES

GCES Engineering Services, LLC.

Agenda Item #11.4

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GCES Engineering Services, LLC. 10860 NW 138th Street I Unit 4 I Hialeah Gardens, FL 33018

P: 305.964.0669 I C: 954.440.8623 www.gces-usa.com

Geotechnical ■ Const ruc t ion ■ Engineering ■ Solut ions ww.gces -usa .com

October 22, 2019 (Rev December 2, 2019) Lazaro Ferrero, P.E Senior Project Engineer A&P Consulting Transportation Engineers 8935 N.W. 35th Lane, Suite 200 Doral, Florida 33172 Tel: (305) 592-7283 Direct: (786) 257-3078 Fax: (305) 593-1594 [email protected] Subject: Proposal/Agreement for Geotechnical Engineering Services Marco Canal Culvert Headwall Replacement Design

at NW 20th Ave, NW 19th Ave, NW 18th Ave, NW 171 St, and NW 17th Ave City of Miami Gardens, Florida GCES Proposal No. P10-1019002

Dear Mr. Ferrero: GCES Engineering Services, LLC (GCES) is pleased to present this proposal/agreement for performing geotechnical engineering services for the above referenced project. PROJECT INFORMATION Our understanding of this project is based on your email dated October 18, 2019. GCES understands the project involves the replacement of headwalls and related improvements such as culverts, sidewalk, guard rails, and roadway at the following five (5) roadway locations:

• NW 20 AVE (adjacent to 1985 NW 172 ST),

• NW 19 AVE (adjacent to 1870 NW 172 TERR)

• NW 18 AVE (adjacent to 17120 NW 18 AVE)

• NW 171 ST (adjacent to 17031 NW 18 AVE) and

• NW 17 AVE (adjacent to 16930 NW 17 AVE) Each headwall includes culverts beneath the roadways allowing water to flow under the roadway between the canals. Geotechnical data is needed to provide soils data for design of the replacement culvert headwalls. If the information herein is not accurate, please inform us immediately. Based on your request for proposal, the information provided and our understanding of the project, we propose the following scope of work and fee schedule.

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http://www.gces-usa.com/

http://www.gces-usa.com/

A&P Consulting Transportation Engineers Marco Canal Culvert Headwall Replacement Design GCES Proposal No. P10-0719002

2 | P a g e

SCOPE OF SERVICES The purpose of the geotechnical services is to obtain subsurface soil data to characterize subsurface conditions and evaluate the data for design of the replacement culvert headwalls. These services will include field and laboratory testing programs. The field program will consist of providing the following services:

• Site Reconnaissance: A geotechnical engineer will conduct a site reconnaissance prior to the subsurface exploration. The site reconnaissance will note surface features that may impact or require consideration regarding the planned subsurface exploration, along with features indicative of general geotechnical conditions that may be encountered at the site.

• Subsurface Exploration: GCES will perform a total of five (5) Standard Penetration Test (SPT) borings to 25 feet below existing grade at each of the headwall locations mentioned previously.

• Sampling: Sampling of the test borings will be conducted in general accordance with ASTM D1586 standards. Continuous samples are typically obtained in the top 10 feet, and one sample is generally obtained every 5 feet for the remaining depth of the boring. Groundwater levels measured during the field investigation will be noted in the boring logs. GCES will store the samples in our laboratory facility for a period of 6 months after field work completion. After 6 months, we will consultant will A&P prior to final disposition of stored samples.

Groundwater levels measured during the field investigation will be noted in the boring logs. Subsurface conditions may be encountered which merit alterations of the field borings and/or sampling programs described above. We will discuss any unfavorable soil conditions encountered with you and together determine the appropriate course of action. Materials encountered at the test locations will be identified in the field, from SPT Spoon sampling brought to the surface by the drilling process. Upon completion of drilling the borings and observation of groundwater levels the boreholes will be backfilled with a combination of soil cuttings and grout. Site Access and Boring Locations We will contact SSOCOF regarding location of underground utilities at the project site. By state law, the utility locator services are afforded a minimum of 2 full business days to clear or locate and mark utilities prior to commencement of drilling. Please note, however, that the utility locating service can locate utilities within public rights-of-ways and easements, but generally is not able to located privately owned utilities. GCES is not responsible to the extent of any loss, damage, or injury caused by the failure to locate a utility properly or by inaccurate and/or incomplete information provided by others.

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Items to be provided by the client include the right of entry to conduct the exploration and an awareness and location of any subsurface utilities existing in the area, including those privately held and/or not members of Sunshine State One Call of Florida (SSOCOF). Also, if there are any other restrictions or special requirements regarding this site or exploration, these should also be known prior to our commencing fieldwork. This proposal is based on the boring locations being accessible to a conventional truck mounted drill rig without any clearing being necessary, no permit is required to perform our field work and the work can be performed during normal business hours. If permit is required, it will be provided by the owner. The boring locations will be marked in the field by GCES personnel using layout procedures. Please note that we may be required to shift our planned boring locations depending upon utility locations at the planned boring locations. The surveying of the boring locations and elevations is not included in the geotechnical scope of work. Approximate elevations can be estimated from a provided topographic site plan. If a specific elevation reference is desired, then it will be necessary to survey the borings, the scope of which has not been included in this proposal. Traffic Control Traffic Control may be necessary for this project. If required, the field work will be coordinated to try and minimize the amount of traffic interruption. Flagmen, barricades, variable message boards and/or directional arrows, if needed, will be used to allow continuous traffic flow. The standards of practice that will be used for Maintenance of Traffic (M.O.T.) will be obtained from the FDOT Design Standards. Any necessary permits from FDOT, City or County, if required, to comply with Index 600 Series of the FDOT Roadway and Traffic Design Standards will be provided to GCES. Laboratory Evaluations Moisture and organic content tests and classification tests (i.e. grain size analysis, #200 sieve wash) will be performed on representative split-barrel samples to aid in classification. Soil samples will be visually classified in general accordance with the Unified Soil Classification System (USCS). Testing for bedrock samples taken from borings along the trenchless excavation pipeline segment shall include as a minimum unit weight (ASTM D2273), compressive strength (ASTM D7012 Method C) (1 tests per rock core run) and a tensile strength (ASTM D3967) (1 tests per rock core run). Engineering Analysis and Report After completion of the field and laboratory testing programs, the data and conditions will be analyzed and a report will be prepared by or under the supervision of a registered professional engineer in the state of Florida. This report will contain the following:

• A brief review of our test procedures and the results of testing conducted;

• A summary of the area and site geologic conditions;

• Review of the county soil survey map

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4 | P a g e

• Our assessment of the suitability of on-site soils for use as structural fill;

• Backfill placement and pipe bedding recommendations;

• Provide geotechnical design parameters (i.e. unit weights, angle of friction and earth pressure coefficients, where applicable) for design of temporary shoring system. The soils parameters will be estimated from the results of the test borings and based on our experience on soil/rock conditions in South Florida;

• Anticipation of groundwater control; and

• Review field data, and then evaluate said data to provide recommendations for the design of the replacement culvert headwalls based on the anticipated construction and boring results.

One bound signed and sealed hard copy and one electronic copy in pdf format of the geotechnical exploration report will be provided. COMPENSATION Based on a single mobilization of the required personnel to and from the site, and the work scope outlined herein, we will perform the geotechnical exploration as outline below and as detailed in Exhibit “A” Field Work, Laboratory Testing And Geotechnical Engineering Services .……………..……..$4,784.25 Maintenance of Traffic (MOT) During Drilling Operations, MOT Permits,

ROW Permits, Police Support…….…………………………………..…………………………….$950.00 TOTAL………………………………………………………………………………………………...$ $5,734.25

If poor subsurface conditions are encountered which warrant additional work we will contact you to discuss the conditions and together determine how best to proceed. Unless otherwise instructed, invoices will be submitted. GCES invoice will be submitted to your attention at the above address upon completion of the proposed services. The fee is valid for ninety (90) days from the date of this proposal. If the assumptions listed herein are not valid, there may be additional charges. SCHEDULE Services will be initiated upon receipt of a written notice to proceed. Once we have received your written notice to proceed, we anticipate the field services will be completed within 3 to 4 working days assuming that we will be allowed to perform the field work as a continuous effort and normal weather conditions; and that underground utilities are cleared by the locating services in a timely fashion. The geotechnical report should be available within approximately 12 to 15 working days after the field work is complete.

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5 | P a g e

ADDITIONAL SERVICES Adjustments to the scope of services described above may be necessary if additional project information related to our work are altered. If you would like us to perform additional services beyond the scope describe above, let us know and we will issue a short Supplemental to the Agreement form, or Supplemental Proposal, which outlines the additional work to be performed and the associated fees. CLOSING This proposal may be accepted by executing the signature page of this proposal and returning an executed copy to GCES. The terms, conditions and limitations stated in the attached Agreement for Services (and sections of this proposal incorporated therein), shall constitute the exclusive terms and conditions and services to be performed for this project. Once the signature page is signed and received by GCES, the client will pay an initial retainer fee and commencement of the work will begin. GCES Engineering Services, LLC. appreciates the opportunity to present this proposal. We look forward to working with you on this and future projects. Respectfully,

Alejandro R. Montenegro, PE President/CEO

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6 | P a g e

Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal. The fee is valid for 90 days from the date of this proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agree to be bound by the terms and conditions contained in this proposal. We note that our terms are net thirty days. Any invoices over thirty days will be assessed a 1 ½ percent service charge. If you are a first time client, we request that the fee for these services be paid at the time the report is delivered. Once your account is established, we will bill you on an invoice basis. If you would like to make other payment arrangements, please contact us. SIGNATURE: DATE:_______________ PRINT NAME: _____________________________ TITLE: _______________ ADDRESS:___________________ _____________________________________ ______________________________ _______________________________ PHONE: FAX: _______________________________ cc: File Attachment: Agreement for Services (please initial agreement) GCES Proposal No P10-01-1019002

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1 | P a g e G C E S P r o p o s a l N o P 1 0 - 1 0 1 9 0 0 2

AGREEMENT FOR SERVICES Scope of Services. The scope of Consultant’s services is described in the Scope of Services section of the Proposal. Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety pollutants issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. Acceptance. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. Limitation of Liability. Client and consultant have evaluated the risks and rewards associated with this project, including consultant’s fee relative to the risks assumed, and agree to allocate certain of the risks so, to the fullest extent permitted by law, the total aggregate liability of consultant (and its related corporations and employees) to client and third parties granted reliance is limited to its fee, for any and all injuries, damages, claims, losses, or expenses (including attorney and expert fees) arising out of consultant’s services or this agreement regardless of cause(s) or the theory of liability, including negligence, indemnity, or other recovery. This limitation shall not apply to the extent the damage is paid under consultant's commercial general liability policy. Indemnity/Statute of Limitations. Consultant and Client shall defend, indemnify, and hold harmless the other, their agents, and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Causes of action arising out of Consultant’s services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of services on the project Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. Consultant makes no warranties or guarantees, express or implied, relating to consultant’s services and consultant disclaims any implied warranties or warranties imposed by law, including warranties of merchantability and fitness for a particular purpose. Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Florida Law. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor) for notifying and scheduling Consultant so Consultant can perform these Services. Consultant shall not be responsible for the quality and completeness of contractor’s work or their adherence to the project documents, and Consultant’s performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods.

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2 | P a g e G C E S P r o p o s a l N o P 1 0 - 1 0 1 9 0 0 2

Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services (i) contain substances hazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment and/or samples are transported and disposed of properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site. Accordingly, Client waives any claim against Consultant and agrees to indemnify and save Consultant, its agents, employees, and related companies harmless from any claim, liability or defense cost, including attorney and expert fees, for injury or loss sustained by any party from such exposures allegedly arising out of Consultant’s non-negligent performance of services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client’s contractors, subcontractors, or other parties present at the site. Termination. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the project.

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ATTACHMENT F

PROPOSAL FOR ROV UNDERWATER IMAGE & VIDEO COLLECTION LABOR EXPENSES

ALERT5 International, LLC.

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PROPOSAL

ROV Underwater Image & Video Collection

for

Marco Canal Culvert Headwall Replacement

Submitted to

November 4, 2019

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---------------------------------------- ALERT5 Proposal for ROV Underwater Image & Video Collection (Marco Canal Culvert Headwall Replacement)

Page 2 of 4

Project Description

This Project Proposal (“Proposal”) shall set forth the general terms of ALERT5 International, LLC / ALERT5 UAV (“Service

Provider”) services (“Services”) requested by the A&P Consulting Transportation Engineers (“Client”). The Services described

in this Proposal are based on requirements provided to Service Provider by Client for a Remote Operated Vehicle (ROV)

Underwater Image & Video Collection (“Events”) Project known as the ‘Marco Canal Culvert Headwall Replacement’.

Scope of Services

Through the use of ROVs and Service Provider’s trained personnel, Service Provider will capture underwater images and videos of

the Marco Canal Culvert Headwall specifically at the following locations (“Targets”): NW 20 AVE (adjacent to 1985 NW 172 ST), NW

19 AVE (adjacent to 1870 NW 172 TERR), NW 18 AVE (adjacent to 17120 NW 18 AVE), NW 171 ST (adjacent to 17031 NW 18 AVE) and NW 17 AVE (adjacent to 16930 NW 17 AVE). The Targets are highlighted in the image below:

Project Objectives and Notes

Each headwall identified in the 5 locations identified in the diagram above includes culverts beneath the roadways

allowing water to flow under the roadway between the canals; the condition of these culverts and the associated

roadways will require inspection to assure structural integrity and determine if culverts require repairs.

The image and video deliverables will be used to identify deterioration and require replacement.

Client will have a representative onsite to verify and assist with identifying targets.

Client will provide MOT and any safety measures necessary for ROV operator to ensure safe and successful data

collection.

Deliverables

Images and Videos of each location.

Summary Report of data collected for each target.

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Project Fees*: $4500

* This fee is based on the current understanding of the requirements as outlined in this proposal. It is subject to change based

on changes to these requirements.

.Terms:

• Invoice sent upon deliverable to Client

• Invoice Payments due upon receipt and completion approval

Terms and Conditions

A. All events shall be in accordance with general safety and the prevailing local, state and federal laws and regulations. In particular, Client is obliged to consider the following general implementation constants in advance:

For Night (before Sunrise) Events, Ample lighting will be sufficient to illuminate usable detail for both images and

videos. If not, the best effort will be made to resolve useable detail.

Field of View and Focal length of the camera once underwater matches the client’s desired viewpoint. Any change in

request may alter the timeframe of allotted project time, Event planning or scope. However this will be at the client’s

discretion.

The Client will pre-arrange the required access points on the date of service for the Service Provider’s staff to execute

the Services without delay. Denial of access may increase the total project fees and/or impact the Client’s requirements.

Sufficient underwater capture time will be available for complete underwater events requested.

No events in heavy rain or snow.

B. Unless otherwise agreed to in writing by both parties, all intellectual property rights in or associated with the Service will belong to and vest in and are assigned to Client upon receipt of full and final payment of the Fee.

C. Client warrants that they represent the owner or authority of any location or property being photographed, and have secured permission to photograph the selected location and/or property outlined in the Scope of Services. Client is responsible for notifying any person that shall be present at the event where the Services will take place, including but not limited to: attendees, guests, proper authorities, property owners, government officials, agents and/or representatives and any other applicable parties that photography will be recorded by Service Provider. Service Provider agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by Client or persons present at the event where the Services takes place. Service Provider reserves the right to remove any information from images that infringes on individuals’ privacy rights.

D. The parties are independent contractors. Nothing in this Proposal is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other in any way.

E. Client shall defend, indemnify and hold Service Provider harmless from and against any and all claims, suits, loss, cost and liability including, but not limited to, Service Provider’s attorney’s fees on account of injury or death of persons or damage to property, resulting from the negligence or willful misconduct of Client.

F. Unless specifically noted by Client in written form, Service Provider maintains an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the photography recorded for the Services, in promotion, advertising, or other marketing purposes. Client agrees and acknowledges that Service Provider may use the images gathered through the Services in their portfolio. Further, Service Provider may display Client’s name and logo on their website as a party with whom they have worked.

G. Client may cancel the Services at any time before they are rendered by giving written notice to Service Provider. Client agrees to provide Service Provider with as much notice as is reasonably practicable. However, all fees received by Service Provider are earned upon receipt and can be applied to another Client project.

H. Service Provider reserves the right to postpone the project prior to traveling to the job site due to inclement weather being forecasted that could impact the success of the project. The Client will be responsible for any required change or cancellation fees due to the postponement of the Project. If Client decides to cancel the services of Service Provider Client will be responsible for Expenses incurred by the Service Provider in regards to planned travel (i.e. Airline Tickets, Cancellation

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Fees, etc.)

I. Service Provider shall not be held responsible for delay or default caused by weather, fire, riot, acts of God, or war, where such cause was beyond Service Provider’s reasonable control. The Client will be responsible for any Travel and Expenses incurred by the Service Provider should one of these events happen while traveling to/from the job site or while on the job site.

J. Failure of Service Provider to enforce any provision of this contract shall not constitute a waiver by Service Provider of that or any other provision.

k. Service Provider will provide the following Insurance Coverages and can provide a Certificate of Insurance to the Client upon Request.

• Worker's Compensation and Employer's Liability: $1,000,000. • General Liability:

o Bodily Injury - $2,000,000 each occurrence/$4,000,000 Aggregate o Property Damage - $1,000,000 each occurrence

• Professional Liability: $1,000,000 per Claim/$2,000,000 Annual Aggregate • Automobile Liability: Combined Single Limit - $2,000,000

General Terms

This proposal will be valid for 45 days from the date issued. Service Provider reserves the right to review and, if necessary, revise fees and time schedules after the given timeframe of proposal if additional needs are disclosed prior to this proposal ’s draft and signing. This proposal is based upon our project understanding as previously stated. Should there be any deviation or change in the aforementioned Scope of Services or Schedule; Service Provider reserves the right to revise this proposal accordingly. We look forward to working on this project with you. Please call us if you have any questions or require any additional information.

Sincerely,

Rick Wygant, President

ALERT5 International, LLC / ALERT5 UAV

13499 Biscayne Blvd, Suite 1708

Miami, FL 33181

954-918-3888

Received and Accepted:

Signature: ________________________________ Date: ________________

Name: ___________________________________ Title: _________________ Phone: ___________________ Email: _____________________________________

A&P Consulting Transportation Engineers

8935 N.W. 35th Lane

Suite 200

Doral, Florida 33172

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PROJECT LOCATION MAP - SCOTT LAKE CULVERT HEADWALLS REPLACEMENT PROJECT

Agenda Item

#11.4

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20-022

Department

Public Works



FLORIDA, THEAUTHORIZING CLERKCITYTHEAND TOCITY MANAGER EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE TURNPIKE AUTHORITY FOR THE BRIDGE SIGNAGE ON THE TURNPIKE ACCESS ROAD ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

Staff Summary BACKGROUND

On July 13, 2016, Council approved resolution 2016-125-3024 urging the Florida Department of Transportation (FDOT) and the Florida Turnpike Enterprise to provide and expedite funding and permitting for the construction of pedestrian bridges and tunnels around the stadium. The project assists in the improvement of pedestrian safety (residents and visitors) and vehicle traffic flow on such a heavily traffic area around the stadium. Per the resolution, the City would not expend any funds for these projects totaling $17,857,125.00 (includes the design along with the construction, consultant to inspect the project, and the City’s administrative costs). The City’s involvement will be to bid out the design-build project, the administrative work for reimbursement of the FDOT funds for the total project and take ownership of the bridges and tunnels under easements. Additionally, the Council approved the ownership of the bridges and tunnels by resolution #2017-192-3297 on December 13, 2017. CURRENT SITUATION After the completion of the bridges, signage was installed by the Stadium to include City signs at no cost to the City; however, since one of the pedestrian bridges is over the turnpike access an agreement with the Turnpike Authority– Community Aesthetic Feature is agreement This City. theto executedbeneeds Agreement forbypermission to install the name signs with local identification-City sign on their ROW that it will be maintained. Per resolution # 2017-193-3298, an agreement with the Stadium and the City was executed to operate and maintain the bridges and tunnels. Staff is requesting the execution of the Community Aesthetic Feature Agreement with the Turnpike Authority to complete the process with them for the signage that were added to the bridge across the turnpike access road through the City’s building

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permit.

Fiscal Impact There is no fiscal impact.

Recommended Action It is recommended that the City Council authorize the City Manager to execute the

turnpike authority’s Community Aesthetic Feature Agreement.

Attachments Authorizing Certain Agreement with Turnpike Authority

Exhibit A -COMMUNITY AESTHETIC FEATURE AGREEMENT

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RESOLUTION NO. 2020____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE TURNPIKE AUTHORITY FOR THE BRIDGE SIGNAGE ON THE TURNPIKE ACCESS ROAD ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on July 13, 2016, Council approved

Resolution Number 2016-125-3024 urging the Florida

Department of Transportation (FDOT) and the Florida

Turnpike Enterprise to provide and expedite funding and

permitting for the construction of pedestrian bridges and

tunnels around the stadium, and

WHEREAS, on December 13, 2017, Council

approved the ownership of the bridges and tunnels by

Resolution Number 2017-192-3297, and

WHEREAS, after the completion of the bridges,

signage was installed by the Stadium to include City signs at

no cost to the City; however, since one of the pedestrian

bridges is over the turnpike access an agreement with the

Turnpike Authority– Community Aesthetic Feature

Agreement needs to be executed by the City, and

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WHEREAS, this agreement is for permission to install

the name signs with local identification-City sign on their

ROW that it will be maintained, and

WHEREAS, Council approved Resolution Number

2017-193-3298, allowing an agreement with the Stadium

and the City that was executed to operate and maintain the

bridges and tunnels, and

WHEREAS, Staff is requesting the execution of the

Community Aesthetic Feature Agreement with the Turnpike

Authority to complete the process for the signage that were

added to the bridge across the turnpike access road through

the City’s building permit,

NOW, THEREFORE, BE IT RESOLVED BY THE

CITY COUNCIL OF THE CITY OF MIAMI GARDENS,

FLORIDA AS FOLLOWS:

Section 1: ADOPTION OF REPRESENTATIONS:

The foregoing Whereas paragraphs are hereby ratified and

confirmed as being true, and the same are hereby made a

specific part of this Resolution.

Section 2: AUTHORIZATION: The City Council of

the City of Miami Gardens hereby authorizes the City

Manager and the City Clerk to execute and attest

respectively that certain agreement with the Turnpike

Authority for the bridge signage on the turnpike access road

attached hereto as Exhibit "A".

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Section 3: INSTRUCTIONS TO THE CITY CLERK:

The City Clerk is hereby authorized to obtain two (2) fully

executed copies of the subject Agreement with one to be

maintained by the City, and one to be delivered to the

Turnpike Authority.

Section 4: EFFECTIVE DATE: This Resolution

shall take effect immediately upon its final passage.

PASSED AND ADOPTED BY THE CITY COUNCIL

OF THE CITY OF MIAMI GARDENS AT ITS REGULAR

MEETING HELD ON ____________, 2020.

___________________________________ OLIVER GILBERT, III, MAYOR

ATTEST:

__________________________________MARIO BATAILLE, CITY CLERK

PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY

SPONSORED BY: CAMERON D. BENSON, CITY MANAGER

Moved by: __________________

VOTE: _________

Mayor Oliver Gilbert , III ____ (Yes) ____ (No)Vice Mayor Rodney Harris ____ (Yes) ____ (No)

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Councilwoman Katrina Wilson ____ (Yes)____ (No)

Councilman Erhabor Ighodaro, Ph.D. ____ (Yes)____ (No)

Councilwoman Lillie Q. Odom ____ (Yes)____ (No)

Councilman Reggie Leon ____ (Yes) ____ (No)Councilman David Williams Jr ____ (Yes)

____ (No)

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

COMMUNITY AESTHETIC FEATURE AGREEMENT625-010-10

ROADWAY DESIGNOGC - 08/17Page 1 of 12

FORM #OFFICE

DATEPage 1 of 12

State Road/Local Road Section No. CAFA No.

This Community Aesthetic Feature Agreement (“Agreement”) is entered into this day of ,between the State of Florida, Department of Transportation (“Department”) and (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”

RECITALS

A. The Agency has requested permission from the Department to install a [CHOOSE ONE: Public Art, Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road at MP in County, Florida (“Project”).

B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida.

C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement.

AGREEMENT

1. TERM. The term of this Agreement shall commence upon full execution of this Agreement (“Effective Date”) and continue through , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within ( ) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement.

2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: Public Art, Local Identification Marker], as more fully described in the plans in Exhibit “A”, attached and incorporated in this Agreement.

3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit “D”. The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency’s property. However, this permissive use of the Department’s right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department’s right-of-way.

4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS.

a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department’s District Design Engineer, located at . The Department will review the plans for conformance to the Department’s requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer’s responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department’s requirements, and the Department expressly

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625-010-10ROADWAY DESIGN

OGC - 08/17Page 2 of 12

disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department’s review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days.

b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes.

c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (“MOT”) throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation.

d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency.

e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department’s Construction Project Manager, , at ( ) - or from an appointed designee.

f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department’s right-of-way to install the Project (see attached Exhibit “B” Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department’s right-of-way nor the placing of facilities upon Department’s right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department’s right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of the Department’s right-of-way.

g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public’s safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency’s sole cost, expense, and effort.

h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit “C”.

i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department’s right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days.

j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional’s Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this

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Agreement as Exhibit “E”. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor’s/ subcontractor’s/ consultant’s/ subconsultant’s property, machinery, and equipment from the Department’s right-of-way and shall restore those portions of the Department’s right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency’s sole cost and expense.

k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice to complete the Project and provide the Department with written notice of the same (“Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice.

l. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services:

m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00.

District Maintenance Engineer, Date: .

n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department’s sole discretion, and at the Agency’s sole cost.

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5. INDEMNITY AND INSURANCE.

a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement:

"The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees."

b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department’s current Standard Specifications for Road and Bridge Construction, as amended.

c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law.

6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given.

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATIONDISTRICT PROGRAM MANAGER

Phone:

Fax:

COUNTY [OR CITY], FLORIDA

Phone:

Fax:

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7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7.

8. LEGAL REQUIREMENTS.

a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law.

b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken.

c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department.

d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.

e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s right-of-way.

9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement.

10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement.

11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement.

12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees

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that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement.

13. ATTORNEY FEES. Each Party shall bear its own attorney’s fees and costs.

14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement.

15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default.

16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement.

17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency’s obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement.

18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement.

19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party’s legal representative drafted the provision.

20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate.

21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals.

The remainder of this page is intentionally left blank.

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Section No. CAFA No.

AGENCY

By:

Print Name:

Title:

As approved by the Council, Board, or

Commission on:

Attest:

Legal Review:

City or County Attorney

DEPARTMENT

State of Florida, Department of Transportation

By:

Print Name:

Title:

Date:

Legal Review:

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EXHIBIT “A”

PROJECT DESCRIPTION

I. SCOPE OF SERVICES

[Provide a description of the improvements proposed within the Department's right-of-way]

II. PROJECT PLANS

The Agency is authorized to install the Project in accordance with the attached plans prepared by ,P.E./R.L.A./Architect and dated . Any revisions to these plans must be approved by the Department in writing.

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EXHIBIT “B”

SPECIAL PROVISIONS

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EXHIBIT “C”

TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT

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EXHIBIT “D”

AGENCY RESOLUTION

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EXHIBIT “E”

NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL’S CERTIFICATE OF COMPLIANCE

NOTICE OF COMPLETION

COMMUNITY AESTHETIC FEATURE AGREEMENTBetween

THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATIONand

PROJECT DESCRIPTION:

In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 .

By:

Name:

Title:

RESPONSIBLE PROFESSIONAL’S CERTIFICATION OF COMPLIANCE

In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans certified by the Engineer of Record.

By:

SEAL: Name:

Date:

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20-032

Department

Procurement



FLORIDA, AWARDING A BID TO THE BG GROUP, LLC, THUNDER DEMOLITION, INC., ANDINC., ENVIRONMENTAL SERVICES, INC., DIESEL,CHIN CROSSPARAGON CONSTRUCTION UNLTD., INC., IN RESPONSE TO REQUEST FOR QUALIFICATIONS NUMBER 19-20-004 PRE-QUALIFIED LIST FOR DEMOLITION SERVICES CITYWIDE; AUTHORIZING THE CITY MANAGER TO ISSUEPURCHASE ORDERS; PROVIDING FOR THE ADOPTION OFREPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.


The City’s current contract for demolition services has expired. The City continues to require demolition services for various ongoing projects and for future City needs. CURRENT SITUATION On October 29, 2019, Request for Qualifications (RFQ) Number 19-20-004 - Pre-Qualified List for Demolition Services was solicited via BidSync. The RFQ closed on December 3, 2019. Seven (7) firms submitted responses to the solicitation, Chin Diesel, Inc., Cross Environmental Services, Inc., Paragon Construction Unltd. Inc., The BG Group, LLC, Thunder Demolition, Inc., Trade Solutions Inc. DBA Pronto Construction Developers, and Waypoint Contracting, Inc. The bids were publicly read. On December 12, 2019 a Selection Committee meeting was held, it was determined by the Selection Committee that all firms were responsive and responsible to the requirements of the RFQ. The Selection Committee scored and ranked the firms (Exhibit 1) and selected five (5) firms for recommendation for award (Exhibit 2), The BG Group, LLC; Thunder Demolition, Inc.; Chin Diesel, Inc.; Cross Environmental Services, Inc.; and Paragon Construction UNLTD, Inc. A copy of the ITB document and submittals are available for review upon request.

Fiscal Impact Funding available from multiple departmental budgets including: Development

Services, Capital and Community Development.

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Recommended Action It is recommended that the City Council approve staff’s recommendation to award

RFQ Number 19-20-004 - Pre-Qualified List for Demolition Services to The BG Group, LLC; Thunder Demolition, Inc.; Chin Diesel, Inc.; Cross Environmental Services, Inc.; and Paragon Construction UNLTD, Inc. and authorize the City Manager to issue Purchase Order(s) as needed.

Attachments awarding RFQ 19-20-004 for Demo Services

Exhibit 1 - Selection Committee RFQ Summary ScoreSheet Exhibit 2 - Recommendation for Award RFQ 19-20-004

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1 RESOLUTION NO. 2020____23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AWARDING A BID TO THE BG 5 GROUP, LLC, THUNDER DEMOLITION, INC., CHIN DIESEL, 6 INC., CROSS ENVIRONMENTAL SERVICES, INC., AND 7 PARAGON CONSTRUCTION UNLTD., INC., IN RESPONSE TO 8 REQUEST FOR QUALIFICATIONS NUMBER 19-20-004 PRE-9 QUALIFIED LIST FOR DEMOLITION SERVICES CITYWIDE;

10 AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE 11 ORDERS; PROVIDING FOR THE ADOPTION OF 12 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.131415 WHEREAS, the City’s current contract for demolition services has expired, and

16 WHEREAS, the City continues to require demolition services for various ongoing

17 projects and for future City needs, and

18 WHEREAS, on October 29, 2019, Request for Qualifications (RFQ) Number

19 19-20-004, Pre-Qualified List for Demolition Services was solicited via BidSync, and

20 WHEREAS, the RFQ closed on December 3, 2019, and

21 WHEREAS, seven (7) firms submitted responses to the solicitation, Chin Diesel,

22 Inc., Cross Environmental Services, Inc., Paragon Construction Unltd. Inc., The BG

23 Group, LLC, Thunder Demolition, Inc., Trade Solutions Inc. DBA Pronto Construction

24 Developers, and Waypoint Contracting, Inc., and were publicly read, and

25 WHEREAS, on December 12, 2019, a Selection Committee meeting was held,

26 and was determined by the Selection Committee that all firms were responsive and

27 responsible to the requirements of the RFQ, and

28 WHEREAS, the Selection Committee scored and ranked the firms and selected

29 five (5) firms for recommendation for award, The BG Group, LLC, Thunder Demolition,

30 Inc., Chin Diesel, Inc., Cross Environmental Services, Inc., and Paragon Construction

31 UNLTD, Inc., and

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2

32 WHEREAS, Staff recommends the City Council for the City of Miami Gardens

33 award RFQ Number 19-20-004, Pre-Qualified List for Demolition Services to The BG

34 Group, LLC, Thunder Demolition, Inc., Chin Diesel, Inc., Cross Environmental Services,

35 Inc., and Paragon Construction UNLTD, Inc.,

36 WHEREAS, Staff also recommends the City Council for the City of Miami

37 Gardens authorize the City Manager to issue Purchase Order(s) as needed,







44 hereby awards a Bid to The BG Group, LLC, Thunder Demolition, Inc., Chin Diesel, Inc.,

45 Cross Environmental Services, Inc., and Paragon Construction UNLTD, Inc., in

46 response to Request For Qualifications Number 19-20-004, Pre-Qualified List for

47 Demolition Services Citywide. The City Manager is further authorized to issue purchase

48 orders for this purpose.





53

54 ___________________________________55 OLIVER GILBERT, III, MAYOR5657

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3

5859 ATTEST:606162 __________________________________63 MARIO BATAILLE, CITY CLERK646566 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY676869 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER7071 Moved by: __________________7273 VOTE: _________7475 Mayor Oliver Gilbert , III ____ (Yes) ____ (No)76 Vice Mayor Rodney Harris ____ (Yes) ____ (No)77 Councilwoman Katrina Wilson ____ (Yes) ____ (No)78 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)79 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)80 Councilman Reggie Leon ____ (Yes) ____ (No)81 Councilman David Williams Jr ____ (Yes) ____ (No)

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1 | P a g e

CITY OF MIAMI GARDENS OFFICE OF PROCUREMENT MANAGEMENT

SCORING SUMMARY SHEET RFQ #19-20-004– PRE-QUALIFIED CONTRACTORS LIST DEMOLITION SERVICES

December 12, 2019

Name of Firms Osvaldo Diaz Helen Gray Jeannette Smith

Total Ranking

Chin Diesel, Inc. 78 83 75 236 3

Cross Environmental Services, Inc. 78 83 70 231 4

Paragon Construction Unltd. Inc. 77 84 65 226 5

The BG Group, LLC 82 84 80 246 1

Thunder Demolition, Inc. 83 85 75 243 2

Trade Solutions DBA Pronto Construction

Developers 61 71 75 207 6

Waypoint Contracting, Inc. 73 61 60 194 7

Exhibit 1 A

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2 | P a g e

Agenda Item

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RFP/RFQ #: 10/29/19

Title: 12/3/19

7

12/12/19

Ranking Street Address City

State - Country

Zone Zip

1 15560 Lyons Road Delray Beach FL 33446

2 7373 NE 3rd Court Miami FL 33138

3 1820 NE 144th Street North Miami FL 33181

4 3300 SW 50th Avenue Davie FL 33314

5 PO Box 823491 Pembroke Pines FL 33082

Date Created: 12/12/2019

COMMENTS: 5 Firms are recommended for Award

Thunder Demolition, Inc.

Chin Diesel, Inc.

Cross Environmental Services, Inc.

Vendors Listed in Ranked Order

The BG Group, LLC

Paragon Construction Unltd. Inc.

RFQ #19-20-004 Date Advertised:

Pre-Qualified List for Demolition Services Date Opened:

Number of Responses Received:

Recommendation of Award:

Exhibit 2 Agenda Item

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20-035

Department

Procurement



FLORIDA, AWARDING ITB 19-20-007 TO FLORIDA LEMARK CORPORATION FOR CITY HALL MUNICIPAL GARAGE DECK WATERPROOFING; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE IN AMOUNT NOT TO EXCEED THE BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.


The existing precast parking garage exists on four levels that include the Police specific parking on the ground floor level with three floors of parking beginning at street providesparkingpublic Thelevel. level thetothroughentry fourthapproximately 400 spaces for use by city employees and public patrons. The garage decks and ramps on the second, third and fourth floors were constructed with a series of connected long span precast beams commonly referred to as Double Tees. The joints between the Double Tees were then tightly sealed with elastic caulking material to prevent water infiltration. In the past year staff have observed extensive infiltration of water through some of the deck joints during rain events, especially on the fourth floor deck but also on the third and second floor decks. The caulking system appears to have failed through a combination of factors such as degradation of the caulking material from sun

elastictheovercomingjointtheexposure, movementthermal wear, traffic at properties of the material, poor material or poor installation. In addition to any potential impact on the deterioration of the parking garage decks, this also creates a nuisance of water dripping on garage patrons as they walk to and from their vehicles during rain events. The proposed Garage Deck Waterproofing Project is aimed at resealing all the joints on the second, third and fourth floor decks and ramps decks to significantly reduce the infiltration of water. The work will include removal of the existing caulking material in all the deck joints and installation of a new caulking system appropriately specified for parking decks. CURRENT SITUATION

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In DeckGarageMunicipal Hall Gardens CityofCitytheofsupport Miami Waterproofing project, Invitation to Bid (ITB) #19-20-007 was advertised on BidSync on November 27, 2019. The ITB opened on January 15, 2020. Ten (10) firms submitted bids in response to the advertised bid and they were read publicly: Concrete Protection & Restoration, LLC; Contracting Specialists Incorporated South East; EZ Caulking & Waterproofing, Inc.; Florida Lemark Corporation; Greco Field Services Corporation: Innovative Masonry Restoration, LLC; R2CV Services, LLC; Roof General TadeosCorp;Contractors Eagle by andHartzell; Painting SunEngineering, LLC. City staff evaluated all ten bids for compliance with the specifications and found that R2CV Servies, LLC was non-responsive due to their failure to submit the revised bid form and, therefore, did not bid on all items as required. . The nine (9) remaining bidders were deemed responsive and responsible to the requirements of the ITB. After their staffCitysubmittals, reviewingprices vendors’thetabulating andrecommends that award be made to Florida Lemark Corporation. A copy of the ITB document and submittals are available for review upon request.

Fiscal Impact The funding for the project will be expended from Account # 300-12-01-512-621-03 - City Hall

Complex.

Recommended Action It is recommended that the City Council approve staff’s recommendation to award ITB

#19-20-007 Garage LemarkFloridatoWaterproofingMunicipal HallCity Deck Corporation and authorize the City Manager to issue a Purchase Order to Florida Lemark Corporation, in an amount not to exceed $94,147.00 for the City Hall Municipal Garage Deck Waterproofing.

Attachments Resolution 2020 - Garage Waterproofing

Exhibit 1- Bid Tabulations ITB #19-20-007 City Hall Municipal Garage Deck Waterproofing Exhibit 2- Executed User Agency Award Concurrence Memo ITB 19-20-007 Municipal Garage Deck Waterproofing

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1 RESOLUTION NO. 2020____23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AWARDING ITB 19-20-007 5 TO FLORIDA LEMARK CORPORATION FOR CITY HALL 6 MUNICIPAL GARAGE DECK WATERPROOFING; 7 AUTHORIZING THE CITY MANAGER TO ISSUE A 8 PURCHASE ORDER FOR THIS PURPOSE IN AMOUNT 9 NOT TO EXCEED THE BUDGETED AMOUNT;

10 PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 12 DATE.1314 WHEREAS, the existing parking garage consists of four levels that include

15 Police Department specific parking located on the ground floor level and provides

16 approximately 400 spaces for use by city employees and public patrons, and

17 WHEREAS, the garage decks and ramps on the second, third and fourth floors

18 were constructed with a series of connected long span precast beams, Double Tees,

19 between which are joints that were tightly sealed with elastic caulking material to

20 prevent water infiltration, and

21 WHEREAS, staff have observed extensive infiltration of water through some of

22 the deck joints during rain events possibly indicating degradation of the caulking

23 material due to sun exposure, traffic wear, thermal movement at the joint overcoming

24 the elastic properties of the material, poor material or poor installation, and

25 WHEREAS, the proposed Garage Deck Waterproofing Project is aimed at

26 resealing all the joints on the second, third and fourth floor decks and ramps decks to

27 significantly reduce the infiltration of water and will include the removal of existing

28 caulking material and installation of a new caulking system appropriately specified for

29 parking decks, and

Agenda Item #11.7

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2

30 WHEREAS, in support of the City of Miami Gardens City Hall Municipal Garage

31 Deck Waterproofing project, Invitation to Bid (ITB) #19-20-007 was advertised on

32 BidSync on November 27, 2019 and opened on January 15, 2020, and

33 WHEREAS, ten (10) firms submitted bids in response to the ITB and were read

34 publicly: Concrete Protection & Restoration, LLC; Contracting Specialists Incorporated

35 South East; EZ Caulking & Waterproofing, Inc.; Florida Lemark Corporation; Greco

36 Field Services Corporation: Innovative Masonry Restoration, LLC; R2CV Services, LLC;

37 Roof Painting by Hartzell; and Sun Eagle General Contractors Corp; Tadeos

38 Engineering, LLC, and

39 WHEREAS, City staff evaluated all ten bids for compliance with the specifications

40 and deemed Florida Lemark Corporation the lowest responsive and responsible bidder,

41 and

42 WHEREAS, City Staff recommends that the City Council approves the

43 recommendation to award ITB #19-20-007, City Hall Municipal Garage Deck

44 Waterproofing, to Florida Lemark Corporation and authorizes the City Manager to issue

45 a Purchase Order in an amount not to exceed Ninety-Four Thousand and One Hundred

46 Forty-Seven Dollars ($94,147.00),







53 hereby awards ITB 19-20-007 to Florida Lemark Corporation for City Hall Municipal

Agenda Item #11.7

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3

54 Garage Deck Waterproofing and authorizes the City Manager to issue a purchase for

55 this purpose in an amount not to exceed the budgeted amount.





60

61 ___________________________________62 OLIVER GILBERT, III, MAYOR63646566 ATTEST:676869 __________________________________70 MARIO BATAILLE, CITY CLERK717273 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY747576 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER7778 Moved by: __________________7980 VOTE: _________8182 Mayor Oliver Gilbert , III ____ (Yes) ____ (No)83 Vice Mayor Rodney Harris ____ (Yes) ____ (No)84 Councilwoman Katrina Wilson ____ (Yes) ____ (No)85 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)86 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)87 Councilman Reggie Leon ____ (Yes) ____ (No)88 Councilman David Williams Jr ____ (Yes) ____ (No)

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ITB #19-20-007 Municipal Garage Deck Waterproofing Tabulation Sheet Bid Opening

1/15/2020

Department: Public WorksPurchasing Staff: Yves FontaineDate: 1/15/2020

We propose to provide all labor, equipment and materials to complete the City of Miami Gardens Project described in these specifications

Bid Item

Unit of Measure

Lump Sum Amount

Florida Lemark

Corporation

Greco Field Services

Corporation

Concrete Protection & Restoration,

LLC

Contracting Specialists

Incorporated-South East

Sun Eagle General

Contractors Corp.

EZ Caulking & Waterproofing,

Inc.

Innovative Masonry

Restoration, LLC

Roof Painting by Hartzell

Tadeos Engineering,

LLC

R2CV Services, LLC

1st Lump Sum Amount 4th Level Deck and Ramp 1 Lump Sum

1st Lump Sum

Amount 32,141.00 50,875.00 57,880.00 61,898.00 65,000.00 70,380.00 96,000.00 162,800.00 322,660.00 68,805.00

2nd Lump Sum Amount 3rd Level Deck and Ramp 2 Lump Sum

2nd Lump Sum

Amount31,003.00 48,125.00 57,880.00 61,898.00 65,000.00 71,710.00 68,000.00 156,200.00 322,660.00 No Price

3rd Lump Sum Amount 2nd Level Deck and Ramp 3 Lump Sum

3rd Lump Sum

Amount31,003.00 45,375.00 57,880.00 61,898.00 65,000.00 71,710.00 68,000.00 156,200.00 322,660.00 No Price

Unit Price per Linear Foot to remove & replace caulk joint material

4 LF

Unit Price per Linear

Foot to remove & replace

caulk joint material

4.69 8.75 7.00 9.96 10.00 11.30 7.50 8.00 65.00 8.50

1 2 3 4 5 6 7 8 9 10*Grand Total 94,147.00 144,375.00 173,640.00 185,694.00 195,000.00 213,800.00 232,000.00 475,200.00 967,980.00 Non-responsive*This is only a tabulation of prices submitted; it is not an indication of award or responsiveness.

*Non-responsive due to failure to submit prices on revised bid form. Also failed to bid on all items as required in the bid document.

Agenda Item

#11.7

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CityofMiami gardens18605 NW 27”‘AvenueMiami Gardens, Florida 33056

Mayor Oliver GilbertVice Mayor Rodney Harris

Councilman Erhabor Ighodaro, Ph.D.Councilman Reggie Leon

Councilwoman Lillie Q. OdomCouncilman David Williams Jr.Councilwoman Katrina Wilson

MEMORANDUM

TO: Yves Fontaine, Procurement Officer

FROM: Tom Ruiz, Public Works Director

DATE: 01/29/2020

RE: Invitation to Bid Number 19-20-007 City Hall Municipal Garage Deck Waterproo?ng

Recommended Vendor: Florida Lemark Corporation

Recommended Group(s)/ Line Item(s): All

Initial Award Amount: . Initial Contract Term: Renewals:$94,147.00 One-time Contract N/A

SUMMARY:Florida Lemark Corporation is an active corporation according to the Florida Department ofState — Division of Corporations. The references received are favorable. Award is contingentupon City Council approval and the vendor submitting their Certificate of Insurance, inaccordance with the bid requirements with the City of Miami Gardens listed as additionalinsured.

The agency has reviewed Vendor’s response(s) for specification compliance and Vendorresponsibility and after careful evaluation; I concur with recommendation for award to theVendor.

User Agency Concurrence Form 26 (12/2016)Office of Procurement Management

Agenda Item #11.7

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PAST PERFORMANCE: (check all that apply)

Past Performance Evaluations existNo evaluations within the past three years contained regarding this vendor that is poor.No past Performance Evaluations exist.

7 Reference Verification Forms are attached.

RECOMMENDATION:

NON-CONCURRENCE:

I do not concur. Detailed reason for non—concurrence is attached.

M’CONCURRENCE:

If you concur please sign below, return the memo to my attention. If you have any questions orneed any assistance, please don’t hesitate to Contact me.

’____J——¢

CONCUR E

DO NOT CONCUR (reasons attached)

User Agency Concurrence Form 26 (12/2016)Office of Procurement Management

Agenda Item #11.7

of 179



20-039

Department

Procurement



FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND THE AWARD TO INCLAN PAINTING AND WATERPROOFING, CORP, AUTHORIZING THE CITY MANAGER TO AWARD THE SECOND RANKED PROPOSER, ID PAINTING CORP TO PROVIDE TURN-KEY PAINTING SERVICES, INCLUDING BUT NOT LIMITED TO, ALL LABOR, MATERIALS AND EQUIPMENT REQUIRED TO PRESSURE CLEAN SCRAPE, PATCH AND REPAIR ALL EXTERIOR SURFACES TO RECEIVE NEW FERGUSON T. BETTYTHE PER SPECIFICATION,PAINT FOR RECREATION CENTER AND ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS, THE BUDGETED ALLOCATED EXCEED NOTAMOUNTAN IN TO AMOUNT, FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OFREPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.


The City of Miami Gardens solicited bids to establish a lump sum contract, with a qualified contractor to provide turn-key painting services for the Betty T. Ferguson Recreation Center. This contract shall commence after date of issuance of purchase order and shall remain in effect until final acceptance by the City of the work performed by the contractor. CURRENT SITUATION On September 17, 2019, Invitation to Bid (ITB) Number 18-19-027, Betty T. Ferguson Recreation Center Exterior Painting to Inclan Painting and Waterproofing Corp, was solicited via BidSync. The ITB closed on October 24, 2019; fifteen (15) bids from Abacron LLC, Cunano Builders Corporation, Daycoven Construction LLC, G. Batista & Associates, Hartzell, ID Painting Corp, In and Out Projects Corporation, Inclan Painting and Waterproofing, Corp, JAG Painting Contractors Inc, Mario’s Painting and Services, RichportInc, Development RencoInc, Group, PaintingQuick Corp, Construction Group, RJ Spencer Contruction Group, LC, Sun Eagle GeneralContractor’s Corp, were received and publicly read (Exhibit 1). The City staff evaluated the bids for compliance with the specifications. All vendors were deemed responsible and responsive to the requirements of the ITB. On December 11, 2019 a meeting was held during which the recommendation for

Agenda Item #11.8

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award was presented directly to Council and Council voted to award Inclan Painting and Waterproofing Corp for ITB No. 18-19-027, Betty T. Ferguson Recreation Center Exterior Painting. On January 9, 2020 a Purchase Order was issued and at that time Inclan Painting and Waterproofing Corp requested a change order citing that the original amount of $54,242.00 quoted did not include all the required work provided in the ITB. The City staff after evaluating the change order request is recommending that the award to Inclan Painting and Waterproofing Corp be rescinded and the second ranked proposer, ID Painting Corp be awarded for ITB No. 18-19-027 Betty T. Ferguson Recreation Center Exterior Painting for turn-key painting services, including but not limited to , all labor, materials and equipment required to pressure clean, scrape, patch and repair all exterior surfaces to receive new paint per specification for the Betty T. Ferguson Recreation Center. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s Office for

Fiscal Impact $76,900.00

Recommended Action It is recommended that the City Council approve the Office of Procurement

rescindtoRecommendationManagement andPaintingInclantoAward theWaterproofing Corp of Invitation to Bid No. 18-19-027, Betty T. Ferguson Recreation Center Exterior Painting and Award the second ranked proposer, ID Painting Corp, authorizing the City Manager to issue purchase orders on an as needed basis not to exceed the allocated budget amount.

Attachments RESOLUTION - Rescind Award to Inclan Painting and Waterproofing Corp

ITB No. 18-19-027 Tabulation

Agenda Item #11.8

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1 RESOLUTION NO. 2020____23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO RESCIND THE AWARD TO INCLAN 6 PAINTING AND WATERPROOFING, CORP, 7 AUTHORIZING THE CITY MANAGER TO AWARD THE 8 SECOND RANKED PROPOSER, ID PAINTING CORP TO 9 PROVIDE TURN-KEY PAINTING SERVICES, INCLUDING

10 BUT NOT LIMITED TO, ALL LABOR, MATERIALS AND 11 EQUIPMENT REQUIRED TO PRESSURE CLEAN 12 SCRAPE, PATCH AND REPAIR ALL EXTERIOR 13 SURFACES TO RECEIVE NEW PAINT PER 14 SPECIFICATION, FOR THE BETTY T. FERGUSON 15 RECREATION CENTER AND ISSUE PURCHASE 16 ORDERS ON AN AS NEEDED BASIS, IN AN AMOUNT 17 NOT TO EXCEED THE ALLOCATED BUDGETED 18 AMOUNT, FOR THIS PURPOSE; PROVIDING FOR THE 19 ADOPTION OF REPRESENTATIONS; PROVIDING FOR 20 AN EFFECTIVE DATE.2122 WHEREAS, on December 11, 2019 the City Council voted to award Inclan

23 Painting and Waterproofing Corp for ITB No. 18-19-027, Betty T. Ferguson Recreation

24 Center Exterior Painting, providing turn-key painting, including but not limited to all labor

25 materials and equipment required to pressure clean, scrape, patch and repair all

26 exterior surfaces to receive new paint per specification for the Betty T. Ferguson

27 Recreation Center, and

28 WHEREAS, on January 9, 2020 a Purchase Order was issued and at that time

29 Inclan Painting, and Waterproofing Corp requested a change order citing the original

30 amount of $54,242.00 quoted did not include all the required work provided in the ITB,

31 and

32 WHEREAS, City staff after evaluating the change order request is recommending

33 the award to Inclan Painting and Waterproofing Corp be rescinded and the second

34 ranked proposer, ID Painting Corp be awarded ITB No. 18-19-027 Betty T. Ferguson

35 Recreation Center Exterior Painting for turn-key painting services, including but not

Agenda Item #11.8

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2

36 limited to, all labor, materials and equipment required to pressure clean, scrape, patch

37 and repair all exterior surfaces to receive new paint per specification for the Betty T.

38 Ferguson Recreation Center,







45 hereby rescind the award to Inclan Painting and Waterproofing, Corp of Invitation to Bid

46 No. 18-19-027, Betty T. Ferguson Recreation Center Exterior Painting and award the

47 second ranked proposer, ID Painting Corp, authorizing the City Manager to issue

48 purchase orders on an as needed basis not to exceed the allocated budget amount.





53

54 ___________________________________55 OLIVER GILBERT, III, MAYOR56575859 ATTEST:606162 __________________________________63 MARIO BATAILLE, CITY CLERK6465

Agenda Item #11.8

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3

66 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY676869 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER7071 Moved by: __________________7273 VOTE: _________7475 Mayor Oliver Gilbert , III ____ (Yes) ____ (No)76 Vice Mayor Rodney Harris ____ (Yes) ____ (No)77 Councilwoman Katrina Wilson ____ (Yes) ____ (No)78 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)79 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)80 Councilman Reggie Leon ____ (Yes) ____ (No)81 Councilman David Williams Jr ____ (Yes) ____ (No)

Agenda Item #11.8

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Item No. DescriptionEstimated Quantity

Unit PriceExtended Totals















1 General Conditions 1 $4,900.00 $4,900.00 $8,699.00 $8,699.00 $4,411.00 $4,411.00 $29,795.51 $29,795.51 $2,400.00 $2,400.00 $3,950.00 $3,950.00 $0.00 $0.00 *(A) $3,846.00 $3,846.00 $0.00 $0.00 $3,000.00 $3,000.00 $2,517.93 $2,517.93 $8,500.00 $8,500.00 $1,700.00 $1,700.00 $20,000.00 $20,000.00 $37,000.00 $37,000.00

2

Main Building – Exterior Repair and Painting, re‐caulking of exterior expansion joints at base.

1 $39,215.00 $39,215.00 $197,485.00 $197,485.00 $74,566.00 $74,566.00 $155,037.30 $155,037.30 $36,382.00 $36,382.00 $48,000.00 $48,000.00 $62,553.00 $62,553.00 $29,215.00 $29,215.00 $69,600.00 $69,600.00 $67,500.00 $67,500.00 $73,088.00 $73,088.00 $93,500.00 $93,500.00 $45,200.00 $45,200.00 $89,256.00 $89,256.00 $106,000.00 $106,000.00

3

Amphitheater ‐ Exterior Repair and Painting, re‐caulking of exterior expansion joints at base.

1 $35,500.00 $35,500.00 $30,798.00 $30,798.00 $9,240.00 $9,240.00 $13,803.90 $13,803.90 $12,240.00 $12,240.00 $8,000.00 $8,000.00 $7,834.00 $7,834.00 $2,443.00 $2,443.00 $6,250.00 $6,250.00 $5,700.00 $5,700.00 $10,843.00 $10,843.00 $26,500.00 $26,500.00 $4,500.00 $4,500.00 $8,900.00 $8,900.00 $16,000.00 $16,000.00

$79,615.00 $236,982.00 $88,217.00 $198,636.71 $51,022.00 $59,950.00 $70,387.00 $35,504.00 $75,850.00 $76,200.00 $86,448.93 $128,500.00 $51,400.00 $118,156.00 $159,000.00

1 General Conditions 1 $3,700.00 $3,700.00 $5,055.00 $5,055.00 $756.00 $756.00 $4,020.23 $4,020.23 $1,235.00 $1,235.00 $250.00 $250.00 $0.00 $0.00 *(A) $1,027.00 $1,027.00 $0.00 $0.00 $1,500.00 $1,500.00 $299.25 $299.25 $3,000.00 $3,000.00 $1,700.00 $1,700.00 $7,000.00 $7,000.00 $3,600.00 $3,600.00

2

Ancillary Buildings (3) ‐ Exterior Repair and Painting, re‐caulking of exterior expansion joints at base.

1 $42,000.00 $42,000.00 $20,256.00 $20,256.00 $12,370.00 $12,370.00 $19,781.30 $19,781.30 $24,510.00 $24,510.00 $4,350.00 $4,350.00 $8,929.00 $8,929.00 $7,222.00 $7,222.00 $12,540.00 $12,540.00 $10,800.00 $10,800.00 $9,108.00 $9,108.00 $42,500.00 $42,500.00 $9,091.00 $9,091.00 $13,500.00 $13,500.00 $8,000.00 $8,000.00

3 Dumpster enclosure. 1 $2,000.00 $2,000.00 $1,900.00 $1,900.00 $1,985.00 $1,985.00 $3,000.00 $3,000.00 $200.00 $200.00 $350.00 $350.00 $654.00 $654.00 $1,224.00 $1,224.00 $0.00 $0.00 $1,500.00 $1,500.00 $867.00 $867.00 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $4,500.00 $4,500.00 $2,000.00 $2,000.00

$47,700.00 $27,211.00 $15,111.00 $26,801.53 $25,945.00 $4,950.00 $9,583.00 $9,473.00 $12,540.00 $13,800.00 $10,274.25 $47,500.00 $12,291.00 $25,000.00 $13,600.00

1 General Conditions 1 $3,300.00 $3,300.00 $6,286.00 $6,286.00 $2,699.00 $2,699.00 $12,486.62 $12,486.62 $2,735.00 $2,735.00 $1,500.00 $1,500.00 $0.00 $0.00 *(A) $1,007.00 $1,007.00 $0.00 $0.00 $2,500.00 $2,500.00 $2,365.86 $2,365.86 $2,000.00 $2,000.00 $1,700.00 $1,700.00 $10,000.00 $10,000.00 $30,000.00 $30,000.00

2Perimeter fencing repairs and painting.

1 $27,732.00 $27,732.00 $85,535.00 $85,535.00 $51,279.00 $51,279.00 $70,757.50 $70,757.50 $28,756.00 $28,756.00 $10,500.00 $10,500.00 $52,925.00 $52,925.00 $8,288.00 $8,288.00 $29,800.00 $29,800.00 $88,695.00 $88,695.00 $78,862.00 $78,862.00 $25,000.00 $25,000.00 $28,542.00 $28,542.00 $28,900.00 $28,900.00 $98,000.00 $98,000.00

$31,032.00 $91,821.00 $53,978.00 $83,244.12 $31,491.00 $12,000.00 $52,925.00 $9,295.00 $29,800.00 $91,195.00 $81,227.86 $27,000.00 $30,242.00 $38,900.00 $128,000.00

$158,347.00 *(A) $356,014.00 *(A) $157,306.00 $308,682.36 *(A) $108,458.00 $76,900.00 $132,895.00 $54,272.00 $118,190.00 $181,195.00 $177,951.04 $203,000.00 $93,933.00 $182,056.00 $300,600.00

**This is only a tabulation of prices submitted and is not an indication of award or responsiveness

*(A) Adjusted

Sun Eagle General Contractors Corp

Date Bid Opened: October 24, 2019Bid Submittals: 15Declinations: 0

ITB No. 18‐19‐027

Agency: Capital ImprovementErlyne Marin, Buyer

Abacron LLCRJ Spencer Construction

Group, LLCRenco Development Inc

Richport Construction Group

Grand Total for Group C

Grand Total Bid for Groups A through C

Group A

Group B

Group C

Grand Total for Group A

Grand Total for Group B

Quick Painting Group, CorpCunano Builders Corporation

Daycoven Construction LLC G. Batista & Associates Hartzell ID Painting Corp

Betty T. Ferguson Recreation Center Exterior Painting

In and Out Projects Corporation

Inclan Painting and Waterproofing, Corp

JAG Painting Contractors Inc

Mario's Painting and Services, Inc

Agenda Item

#11.8

of 179



19-137

Department

Capital Project



FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS TO CONVEY THE PROPERTY LYING WITHIN NW 22 AVENUE RIGHT OF WAY TO MIAMI DADE COUNTY WATER AND SEWER DEPARTMENT (WASD) FOR THEIR FUTURE OPERATION AND MAINTENANCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.

Staff Summary A programmed project funded by the General Obligation Bond is the redevelopment

of Bunche Park which is currently under construction. The project generally includes a new alternative sports building, artificial turf field, playground, basketball courts, parking lot and hardscape, landscaping and irrigation along with all new underground utilities. New utilities include a new City owned pump station and force main connection into existing Miami Dade County Water and Sewer Department (WASD) infrastructure for sanitary sewer service. While the infrastructure lying within the property is private, there is a public portion lying within NW 22 Avenue right of way to which the private sewer connects. WASD requires any portion lying within public right of way be formally dedicated to WASD for their future operation and maintenance. TheConveyance Package will be prepared by the Design Builder under the guidance of WASD to insure that all required documents meet WASD approval. Subsequent to WASD approval, the Conveyance Package will be transmitted to the City for formal action. It is requested that authority be granted to the City Manager to execute thedocuments once complete and correct for further processing. Granting this approval provides for fewer possible delays to the completion of this project.

Fiscal Impact None

Recommended Action

Agenda Item #11.9

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Approval

Attachments Resolution 2019 - authorizing the City Mgr to execute the Conveyance Package

Agenda Item #11.9

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1 RESOLUTION NO. 2019____23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO TAKE ANY AND ALL STEPS TO CONVEY THE 6 PROPERTY LYING WITHIN NW 22 AVENUE RIGHT OF WAY TO 7 MIAMI DADE COUNTY WATER AND SEWER DEPARTMENT 8 (WASD) FOR THEIR FUTURE OPERATION AND 9 MAINTENANCE; PROVIDING FOR THE ADOPTION OF

10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.111213 WHEREAS, the redevelopment of Bunche Park a programmed project funded by

14 the General Obligation Bond is currently under construction, and

15 WHEREAS, the project generally includes a new alternative sports building,

16 artificial turf field, playground, basketball courts, parking lot and hardscape, landscaping

17 and irrigation along with all new underground utilities, and

18 WHEREAS, new utilities include a new City owned pump station and force main

19 connection into existing Miami Dade County Water and Sewer Department (WASD)

20 infrastructure for sanitary sewer service, and

21 WHEREAS, while the infrastructure lying within the property is private, there is a

22 public portion lying within NW 22 Avenue right of way to which the private sewer

23 connects, and

24 WHEREAS, WASD requires any portion lying within public right of

25 way be formally dedicated to WASD for their future operation and maintenance, and

26 WHEREAS, will be prepared by the Design Builder under the guidance of WASD

27 to insure that all required documents meet WASD approval, and

28 WHEREAS, Subsequent to WASD approval, the Conveyance Package will be

29 transmitted to the City for formal action, and

30

Agenda Item #11.9

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2

31 WHEREAS, Staff recommends that the City Council for the City of Miami

32 Gardens authorize the City Manager to execute the documents once complete and

33 correct for further processing. Granting this approval provides for fewer possible delays

34 to the completion of this project, and







41 hereby authorizes the City Manager to take any and all steps to convey the property

42 lying within NW 22 Avenue Right of Way to Miami Dade County Water and Sewer

43 Department (WASD) for their future operation and maintenance.





48

49 ___________________________________50 OLIVER GILBERT, III, MAYOR51525354 ATTEST:555657 __________________________________58 MARIO BATAILLE, CITY CLERK5960

Agenda Item #11.9

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3

61 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY626364 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER6566 Moved by: __________________6768 VOTE: _________6970 Mayor Oliver Gilbert , III ____ (Yes) ____ (No)71 Vice Mayor Rodney Harris ____ (Yes) ____ (No)72 Councilwoman Katrina Wilson ____ (Yes) ____ (No)73 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)74 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)75 Councilman Reggie Leon ____ (Yes) ____ (No)76 Councilman David Williams Jr ____ (Yes) ____ (No)

Agenda Item #11.9

of 179

of 179



20-042

Department

Planning & Zoning Department


Agenda Item Title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,

FLORIDA, CENTERPORT BYSUBMITTED THE APPROVING APPLICATION OWNER LLC FOR THE REZONING OF THE PROPERTY LOCATED AT 20775 NW 17TH AVENUE, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON RFROM ATTACHED “A”, EXHIBIT HERETO, -25 FAMILYMULTIPLEDWELLING RESIDENTIAL TO PD - PLANNED DEVELOPMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES INCONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.

Staff Summary The subject property located at 20775 NW 17th Avenue is within close proximity to the

Calder Casino racetrack and was granted a Special Use Permit by Miami-Dade County in 1974 to permit a non-residential use to include a horse care center, barns, show ring and vet office with lab and operating room. Upon adoption of the City’s own Land Development Regulations (LDR) in 2010, the RU-4L residential zoning designated for the site by the County was replaced with an R-25 residential zoning designation by the City. Despite its residential zoning designation, the property has continued to be used for the non-residential activities outlined under the original Special Use Permit for over 45 years. In recent years, horse racing activities at the Calder Casino racetrack have significantly diminished and portions of the property which formerly housed horse stables have been demolished, sold, and redeveloped as Class A warehouse and distribution facilities. As a result, the applicant is requesting a change to the zoning designation for the subject property from R-25, Multiple Family Dwelling Residential to PD, Planned Development. This would allow the applicant to construct warehouse and distribution facilities similar to that which is located on the former Calder Casino site to the north, finally making the zoning designation for the site consistent with its historically non-residential use. In addition, the zoning designation would be the same as the existing PD, Planned Development zoning district to the east of the site.

Fiscal Impact

Agenda Item #13.1.1.

of 179

Recommended Action Staff recommends granting the rezoning of the subject property located at 20775 NW

17th RfromAvenue - PlannedPD, ResidentialDwelling toMultiple 25, FamilyDevelopment.

Attachments Ordinance 2020 - Centerport Rezoning

Exhibit A - Survey and Legal Description Exhibit B - Staff Recommendation Centerport Rezoning Exhibit C - Conceptual Plan


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1

ORDINANCE NO. 2020_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY CENTERPORT OWNER LLC FOR THE REZONING OF THE PROPERTY LOCATED AT 20775 NW 17TH AVENUE, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO, FROM R-25, MULTIPLE FAMILY DWELLING RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE

WHEREAS, Centerport Owner LLC is owner of the subject property located at

20775 NW 17th Avenue in the City of Miami Gardens (“City”), and

WHEREAS, due to the subject property’s close proximity to the Calder Casino

racetrack, in 1974 it was granted a Special Use Permit by Miami-Dade County

(“County”) to permit a non-residential use to include a horse care center, barns, show

ring and veterinary office with lab and operating room, and

WHEREAS, upon adoption of the City of Miami Gardens (“City”) Land

Development Regulations (LDR) in 2010, the RU-4L residential zoning designated for

the site by the County was replaced with an R-25 residential zoning designation by the

City, and

WHEREAS, despite its residential zoning designation, for over 45 years the

property has continued to be used for the non-residential activities outlined under the

original Special Use Permit, and

WHEREAS, horse racing activities at the Calder Casino racetrack have

significantly diminished and portions of the property which formerly housed horse


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2

stables have been demolished, sold, and redeveloped as Class A warehouse and

distribution facilities, and

WHEREAS, applicant has requested a change to the property’s zoning

designation from R-25, Multiple Family Dwelling Residential to PD, Planned

Development, matching the zoning district to its east and permitting the construction of

warehouse and distribution facilities similar to those on the former Calder Casino site to

the north and consistent with its historically non-residential use, and

WHEREAS, the City’s Planning and Zoning Staff has made a determination that

the proposed rezoning of the subject property is consistent with the policies and

objectives of the City of Miami Gardens’ Comprehensive Development Master Plan

(CMDP), and

WHEREAS, the City Council considered the testimony of the Applicant if any,

and

WHEREAS, the City Council also considered that testimony of the City’s

Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and

incorporated by reference,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:

Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas

paragraphs are hereby ratified and confirmed as being true, and the same are hereby

made a specific part of this Ordinance.


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3

Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida

hereby approves the rezoning approves the rezoning of that certain property located at

20775 NW 17th Avenue Miami Gardens, Florida, more particularly described on exhibit

“A”, attached hereto, from R-25, Multiple Family Dwelling Residential to PD, Planned

Development.

Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith

are hereby repealed.

Section 4. SEVERABILITY: If any section, subsection, sentence, clause,

phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by

any court of competent jurisdiction, such portion shall be deemed a separate, distinct

and independent provision and such holding shall not affect the validity of the remaining

portions of this Ordinance.

Section 5. INCLUSION IN CODE: It is the intention of the City Council of

the City of Miami Gardens that the provisions of this Ordinance shall become and be

made a part of the Code of Ordinances of the City of Miami Gardens and that the

section of this Ordinance may be renumbered or relettered and the word “Ordinance”

may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or

phrase, the use of which shall accomplish the intentions herein expressed.

Section 6. EFFECTIVE DATE: This Ordinance shall become effective

immediately upon its final passage.

PASSED ON FIRST READING ON THE _____ DAY OF __________, 2020.

PASSED ON SECOND READING ON THE ____ DAY OF _________, 2020.


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4

ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI

GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF

______________, 2020.

________________________________OLIVER GILBERT, III, MAYOR

ATTEST:

_________________________________MARIO BATAILLE, MMC, CITY CLERK

PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY

SPONSORED BY:

Moved by: __________________Second by: _________________

VOTE: _________

Mayor Oliver Gilbert III (Yes) (No)Vice Mayor Rodney Harris (Yes) (No)Councilman Reggie Leon (Yes) (No)Councilwoman Lillie Odom (Yes) (No)Councilwoman Katrina Wilson (Yes) (No)Councilman David Williams Jr. (Yes) (No)Councilman Erhabor Ighodaro (Yes) (No)


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CENTERPORT REZONING

EXHIBIT A

SURVEY & LEGAL DESCRIPTION


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Agenda Item

#13.1.1.

of 179

CENTERPORT REZONING

EXHIBIT B

STAFF RECOMMENDATION


of 179

CENTERPORT REZONING

STAFF RECOMMENDATION APPLICATION INFORMATION

Applicant: Centerport Owner LLC Property Location: 20775 NW 17TH AVE Folio No.: 34-1134-000-0045 Property Size: 13.63 acres Future Land Use: Commerce Existing Zoning: R-25, Multiple Family Dwelling Residential Requested Action(s): Rezone from R-25, Multiple Family Dwelling Residential to PD,

Planned Development RECOMMENDATION:

Staff recommends granting the rezoning of the subject property located at 20775 NW 17th Avenue from R-25, Multiple Family Dwelling Residential to PD, Planned Development.

REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics

Property Future Land Use Designation Zoning Classification Existing Use

Subject Site Commerce R-25, Multiple Family Dwelling Residential Racetrack/Stables

North Commerce AU, Agricultural and Utilities Warehouse & Distribution

South Neighborhood R-25, Multiple Family Dwelling Residential Multifamily

East Neighborhood PD, Planned Development Multifamily

West Commerce R-25, Multiple Family Dwelling Residential Multifamily

Project Summary/Background

The subject property is located within close proximity to the Calder Casino racetrack and was granted a Special Use Permit by Miami-Dade County in 1974 to permit a non-residential use to include a horse care center, barns, show ring and vet office with lab and operating room. Upon adoption of the City’s own Land Development Regulations (LDR) in 2010, the RU-4L residential zoning designated by the County was replaced with an R-25 residential zoning designation by the City. Despite its residential zoning designation, the property has continued to be used for the non-residential activities outlined under the original Special Use Permit for over 45 years.


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In recent years, horse racing activities at the Calder Casino racetrack have significantly diminished and portions of the property which formerly housed horse stables have been demolished, sold, and redeveloped as Class A warehouse and distribution facilities. As a result, the applicant is requesting a change to the zoning designation for the subject property from R-25, Multiple Family Dwelling Residential to PD, Planned Development. This would allow the applicant to construct warehouse and distribution facilities similar to that which is located on the former Calder Casino site to the north, finally making the zoning designation for the site consistent with its historically non-residential use. In addition, the zoning designation would be the same as the existing PD, Planned Development zoning district to the east of the site. Analysis

The proposed rezoning of the subject property from R-25, Multiple Family Dwelling Residential to PD, Planned Development is consistent with the policies and objectives of the City of Miami Gardens Comprehensive Development Master Plan (CMDP), and satisfies the criteria for granting of amendments or adoption of changes to the text of the LDRs or change of the actual official zoning map designation of a parcel or parcels. Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)

The subject property is designated Commerce on the Land Use Map of the Future Land Use Element of the Comprehensive Development Master Plan (CDMP).

• Policy 1.3.1: Commerce areas shall provide for a wide variety of uses that range from major educational institutions, civic and governmental centers to major retail services as well as single purpose industrial areas.

• Policy 1.3.3: Within the context of this plan element, Urban Industrial generally means manufacturing, wholesale and storage activities.

• Policy 1.3.5: Future development and redevelopment in Commerce areas shall be designed to provide attractive urban places to live, work and shop.

• Policy 1.3.6: Uses that are consistent with the Commerce land use category include mixed use developments such as Urban Center, Urban Core and Golden Glades-Palmetto Area, single use developments including Urban Commercial and Office, Urban Industrial, residential development including Medium Density Residential, Medium-High Density Residential, High Density Residential, and Very High Density Residential plus Public and Semi-Public uses.

• Policy 2.6.3: The City shall ensure that all new development is compatible and consistent with existing development by establishing criteria as well as processes that mitigate the potential effects of potentially incompatible land uses. Such processes and criteria shall include but not be limited to

o Distance separation to mitigate potential noise impact o Physical separation to mitigate visual and noise impact o Public hearing to insure participation by interested parties o Landscape, fencing and other physical separation to mitigate impact


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• Policy 2.6.4: Development in commercial and industrial areas shall be designed to have minimal or no adverse impact on adjacent neighborhoods and priority will be given to uses that have the greatest positive impact on the City’s tax base and provide good paying, value added jobs with a future to the community.

• Policy 2.9.5: The City shall require developers to provide for the following on-site infrastructure improvements: water and wastewater systems, sidewalks, drainage and stormwater management, open space, safe and convenient traffic circulation, and parking.

Conclusion: The rezoning request is generally consistent with the goals, objectives and policies of the City’s Comprehensive Development Master Plan which identifies the incorporation of commercial and warehouse activities into the Commerce land use category.

Anticipated Facilities Impact

General: Concurrency determinations are not finalized during the zoning approval process. Staff recommendation to approve the Applicant’s rezoning request does not constitute a final development order; one or more concurrency determinations will subsequently be required at the time of site plan submittal and in order to obtain appropriate building permits. Zoning Review and Analysis

The City Council may grant the rezoning of the properties subject to meeting the criteria set forth in Section 34-49(f) of the City’s Land Development Regulations:

“(f) Criteria for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. The detriments or benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels shall not be denied consideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors related to the general welfare, the following shall be considered: (1) The development permitted by the application, if granted, conforms to the city's

comprehensive development master plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered;

(2) The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of the city, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment; and whether any irreversible or irretrievable commitment of natural resources will occur;


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(3) The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the city;

(4) The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction;

(5) The development permitted by the application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.”

Findings of the request pursuant to the rezoning criteria set forth above are as follows:

1. The rezoning request is generally consistent with the policies, goals and objectives of the CDMP while maintaining the basic intent and purpose of the Zoning Code. It is consistent with the permitted uses and zoning designation already established in the surrounding area.

2. As the site is already developed and utilized for non-residential purposes, the rezoning will not negatively affect natural resources in the City and is not anticipated to have any substantial impact on the natural and human environment.

3. The proposed rezoning will facilitate the development of approximately 243,000 square feet of Class A warehouse distribution facilities, thereby expanding the City’s tax base and providing various direct jobs and spin-off employment opportunities which will positively impact the local economy.

4. The rezoning will not unduly impact water, sewer or drainage as the site is already developed and concurrency will be required to be met for all utility services as a result of any redevelopment. As a non-residential use the site will have no impact on educational or recreational facilities.

5. The subject site is already developed and will continue to be accessible by existing roadways to include NW 17th Avenue and NW 207th Street. A trip generation report and traffic review by the Miami-Dade County Department of Transportation and Public Works will be required prior to the issuance of any building permits for the redevelopment of the property. No undue burden to public transportation facilities inclusive of mass transit is anticipated.

Conclusion: The proposed rezoning from R-25, Multiple Family Dwelling Residential to PD, Planned Development is generally consistent with the policies, goals and objectives of the City’s Comprehensive Development Master Plan (CDMP), and satisfies Section 34-49(f) of the City’s Land Development Regulations (LDR) which establishes the criteria for granting of amendments or adoption of changes to the text of the LDR, or change of the actual official zoning map designation of a parcel or parcels.


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Rezoning of the property is not anticipated to unduly impact water, sewer, drainage, education, transportation facilities, roads or recreation facilities. Rezoning of the property to facilitate additional Class A warehouse and distribution space is considered to be appropriate and complementary to the existing Class A warehouse distribution center bounding the northern property line of the site. Attachments: Attachment “A” - Hearing Area Map Aerial Attachment “B” - Hearing Area Zoning Map


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Attachment “A” - Hearing Area Map Aerial

Subject Property

HEARING AREA MAP

City of Miami Gardens Planning & Zoning Division

SUBJECT PROPERTY:

20775 NW 17TH AVE FOLIO NO. 34-1134-000-0045


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Attachment “B” – Hearing Area Zoning Map

City of Miami Gardens Planning & Zoning Division

SUBJECT PROPERTY:

20775 NW 17TH AVE FOLIO NO. 34-1134-000-0045

Subject Property


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EXHIBIT C

CONCEPTUAL PLAN


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Agenda Item

#13.1.1.

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