C7O-Accept Recommendation Allow Use Of Vacant City-Owned Fee Simple LandCOMMISSION ITEM SUMMARY
Condensed Title:
Resolution accepting the recommendations of the FCWPC on March 21, 2013, allowing for the use of vacant
City-owned fee simple land, as may become available, for Construction Staging in connection with City-funded
construction projects only; and directing the Administration to develop policies and procedures for such
purpose,
Key Intended Outcome Supported:
Ensure well-maintained facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community Satisfaction Survey noted that 87% of residents reported the appearance and
maintenance of the City's public buildings as Excellent or Good. 2011 survey results are under development.
Issue:
I Shall the City establish a policy for the use of City-owned fee simple land for Construction Staging?
Item Summary/Recommendation:
Although the City has a fee structure in place for use of City Right-of-Way (ROW) space for Construction
Staging, the City currently has no formal policy or fee structure for contractors requesting the use of City-
owned fee simple land for Construction Staging in connection with City-funded construction projects, privately-
funded construction projects and/or construction projects occurring in neighboring municipalities.
The matter was discussed at the City's Finance and Citywide Projects Committee (FCWPC) meeting on March
21, 2013, and the following recommendations were made:
The FCWPC recommended that the City continue to permit the use of vacant City-owned fee simple land, as
may become available from time to time, for Construction Staging in connection with City-funded construction
projects only. The Committee further recommended that the Administration establish a policy and conditions
to govern this process, including a provision for the City to negotiate a credit for additional scope of work in
exchange for staging on City-owned property.
Pursuant to the direction of the FCWPC, staff is in the process of developing policy and criteria for use of City-
owned property for Construction Staging, which will be presented to the City Commission for approval when
ready. In the meantime, the Administration recommends accepting the recommendations of the FCWPC,
allowing contractors involved with City-funded construction projects to use available City-owned fee simple
land for Construction Staging.
Advisory Board Recommendation:
Finance & Citywide Projects Committee: March 21,2013
Financial Information· .
Source of Amount
Funds: 1 n/a
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Max Sklar, Ext. 6116
MIAMI BEACH
Account
AGENDA ITEM ~C,.__7::--0""""""":::""_
DATE ~-S'=-/3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me~lbelrs
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE
FINANCE & CITYWIDE PROJECTS COMMITTEE ON MARCH 21, 2013,
ALLOWING FOR THE USE OF VACANT CITY-OWNED FEE SIMPLE LAND, AS
MAY BECOME AVAILABLE FROM TIME TO TIME, FOR THE PURPOSE OF
STAGING AND/OR STORING CONSTRUCTION EQUIPMENT IN CONNECTION
WITH CITY-FUNDED CONSTRUCTION PROJECTS ONLY; AND FURTHER
DIRECTING THE ADMINISTRATION TO DEVELOP POLICIES AND PROCEDURES
FOR SUCH PURPOSE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well maintained facilities.
BACKGROUND
The City currently has no established policy, mechanism or fee structure in place regarding the
use of City property for the purpose of staging and/or storage of construction equipment
("Construction Staging").
Currently, arrangements are made on a case-by-case basis, interdepartmentally, depending on
the proposed use of the land. Because it is not feasible to govern the use of City property by a
conventional lease agreement or by the existing mechanism and fee structure identified for use
of right-of-ways, the Administration developed a proposed License and Use Agreement for
consideration by the Finance & Citywide Projects Committee (FCWPC), and also conducted an
analysis of comparable market rates for the use of land for Construction Staging. The analysis
of comparable rates resulted in widely varying scenarios for the City's consideration in
determining a fee structure, if that was the direction to be taken. However, other determinations
should first be made such as: Whether the City wishes to charge contractors and/or developers
for the use of City property during Construction Staging in connection with City-funded projects
and/or developments; Whether the City should allow contractors and/or developers to use City
property for Construction Staging in connection with privately-funded construction projects
and/or developments, and Whether the City should allow contractors and/or developers to use
City property for Construction Staging for publicly or privately funded construction projects
and/or developments occurring in neighboring communities.
City Commission Memorandum
Construction Staging Memorandum
June 5, 2013
Page 2 of3
In 2011, as the City anticipated escalating its right-of-way (ROW) infrastructure improvement
projects, City contractors began to pursue available sites for staging and storage. The City did
not have a process or fee structure in place to govern the use of City property for Construction
Staging.
The City was approached by, among others, Weekly Asphalt and Paving, the contractor
engaged by FOOT to undertake roadway improvements extending along AlA (Collins Avenue)
from 75th Street in Miami Beach to beyond City limits, where Collins Avenue intersects Haring
Avenue in Surfside. The contractor had requested temporary use of one of the vacant City-
owned lots on Collins Avenue between 86th and 8ih Streets for its Construction Staging for a
period of approximately twelve months, commencing as soon as available. Earlier requests
were also received from the City of Bal Harbor regarding temporary use of one or more of the
same lots for a project that it completed last summer and from Ric-Man International for a
project it is currently working on in the City of Surfside. Due to the anticipated timing involved
with the City being able to make a decision concerning use of the vacant lots, Bal Harbor opted
to stage within its own boundaries. Ric-Man International did not want to spend more than
$1,000.00 per month for use of the site. Other ROW projects, including Central Bay Shore and
Lake Pancoast being undertaken by Lanzo Construction, and Sunset Islands 1 and 2 being
undertaken by DMSI, are using FOOT's property on the Julia Tuttle Causeway for staging at no
additional cost to the projects.
David Mancini & Sons (DMSI) is currently using 52,500 square feet of City-owned vacant lots
located between 85 and 86th Streets along Collins Avenue. DMSI has been using this site since
May 4, 2011 for construction staging, parking and material storage in connection with two
projects. At first, DMSI utilized the site while working as the City's right-of-way JOC Contractor
for the Water Main Installation Project, and then remained on the site for the Biscayne Point
Neighborhood Project, which broke ground at the end of September, 2011. DMSI provided
proof of liability insurance coverage reflecting the City as an Additional Named Insured; however
a fee structure for the use of the property was never pursued.
ANALYSIS
While there is no fee structure in place for Construction Staging on City property, a mechanism
and fee structure exists regarding the use of City right-of-way space during Construction
Staging. Section 82-151 of the City Code cites the market rate for obstruction of ROW as $.03
per square foot per day, plus a $37.50 application fee, and requires that contractors also be
required to provide commercial general liability insurance naming the City as an additional
insured, as well as worker's compensation and employer's liability as approved by the City's
Risk Manager. Public Works also charges a review fee of $320.43 to cover the cost of staff time
spent reviewing applications of this nature ("Obstruction of Right of Way Ordinance").
On March 21, 2013, the Finance and Citywide Projects Committee (FCWPC) discussed the use
of City property for Construction Staging in connection with City-funded construction projects,
privately-funded construction projects, and construction projects occurring in neighboring
municipalities. The Administration's intent was to recommend a mechanism that would allow
the City Manager to negotiate and enter into temporary licensing-use agreements with
contractors.
The FCWPC recommended that the City should continue to allow contractors and/or developers
involved with City-funded construction projects to use available City-owned fee simple land for
Construction Staging. The Committee further recommended that the Administration establish a
City Commission Memorandum
Construction Staging Memorandum
June 5, 2013
Page 3 of3
policy and conditions to govern this process, including a provision for the City to negotiate a
credit for additional scope of work in exchange for staging on City-owned property.
CONCLUSION AND RECOMMENDATION
Pursuant to the direction of the FCWPC, staff is in the process of developing policy and criteria
for use of City-owned property for Construction Staging, which will be presented to the City
Commission for approval when ready. In the meantime, the Administration recommends
accepting the recommendations of the FCWPC, allowing contractors involved with City-funded
constr ion projects to use available City-owned fee simple land for <;onstruction Staging.
T:\AGENDA\2013\June 5, 2013\Construction Staging memorandum
AND USE
THIS LICENSE AND USE AGREEMENT ("Agreement"), made the day of
-----' 2013 (the Effective Date), by and between the CITY OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation ("City" or "Licensor"), and INC, a
Florida corporation ("Licensee"). Licensor and Licensee may also sometimes referred
individually, as a "Party" or collectively, as the "Parties".
NOW, THEREFORE, and in consideration of the mutual promises, covenants, agreements, terms
and conditions, herein contained, and other good and valuable consideration, the receipt and
adequacy which are hereby acknowledged, the Parties hereto do agree as follows:
1. Licensor hereby grants to Licensee a license to occupy and use, subject to
all terms and conditions hereof, those certain parcel(s) generally described as Subdivision
Name, PB _,Lots_ through_, _,and located generally along , from
th Street to th Street, as more specifically detailed the location map, attached and
incorporated as Exhibit" A" hereto, (the "Parcel(s)").
Licensee may occupy and use the Parcels solely for the purpose staging equipment and
storage of materials in connection with those certain City-funded right-of-way improvements and
_____ repairs, being undertaken by the Licensee along , as per City of Miami
Beach Resolution No. , attached and incorporated as hereto (hereinafter
referred to as "the Project").
2. The term of Agreement shall commence upon execution of the Agreement by
both Parties, which shall be referenced as the "Effective Date" on page 1 (above) of this
Agreement, and shall terminate upon the earlier of "Substantial Completion" of the Project, as
determined in writing by the Licensee's Engineer of Record; or Date, unless otherwise extended,
at Licensor's sole ....._..,,.., ... ,., .... v,u,
4. Indemnification. Licensee shall indemnify and harmless the Licensor, and it officers,
employees, agents, and contractors, from and against any and all claims, suits, actions, damages
or causes of action arising from or in connection with Licensee's, and/or its officers, employees,
contractors and/or agents' activities pursuant to this License Agreement; its occupancy of the
Parcels; and any other work incidental thereto.
5. Prior to the Effective Date, Licensee shall provide Licensor Licensor's review
and approval with evidence of General Liability, Automobile Liability and Worker's
Compensation insurance, such form and amount(s) as shall satisfactory to the City's Risk
Manager. The minimum limits of coverage for General Liability shall be $1,000,000 per
occurrence, combined, single limit for bodily injury liability property damage liability, and
shall name City of Miami Beach, Florida, as additional insured.
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6. Licensee shall coordinate all work with the City Manager or his/her
designee in order to minimize impact on Licensor's operations. Licensee shall take all necessary
safety precautions, secure the Parcels by appropriate construction fencing, and coordinate with
the City Manager or his/her designee to assure the safety of City employees, contractors,
residents, guests, invitees, visitors, and the general public at all times during Term.
Licensee shall resolve any safety or to the conditions mandated by the City
Engineer.
7. Storm Water Pollution Prevention Plan. Licensee shall submit a Storm-water Pollution
Prevention Plan for Parcels within sixty (60) days of the Effective Date. The purpose of this
Plan is to reduce the potential of sediments and construction debris from entering City's
storm water system from the Licensee's construction staging activities:
A. The Licensee should describe and provide indication on a site map of all erosion and
sediment controls and storm water best management practices to reduce erosion,
sedimentation, and storm water pollution. These controls may include silt fences,
entrance/exit controls, storm drain inlet protection, and reinforced soil retaining systems.
The Licensee should establish a maintenance plan for all structural and non-structural
controls to assure they remain in good and effective operating condition.
B. The Licensee should implement good housekeeping techniques to reduce contamination
storm water runoff. should describe in detail controls for the following
potential pollutants:
(i) Waste disposal, this may include construction chemicals, litter, and
sanitary waste.
(ii) Offsite tracking from construction entrances/exits.
(iii) The storage, application, generation and migration of all toxic substances.
8. Licensee's Obligation for Restoration. At the conclusion of Term, Licensee shall
immediately restore the Parcels, and any other adjacent City property affected by the Licensee's
activities, to a condition that is not only safe and usable, but is as good as, or better,
previously existed prior to Effective Date of this Agreement.
9. The Parties to this Agreement have substantially contributed to
drafting negotiation of this Agreement, and this Agreement shall not, solely as a matter
of judicial construction, be construed more severely against one of the Parties than any other.
The Parties acknowledge they have thoroughly read this Agreement, including exhibits
and attachments hereto, and have sought and received whatever competent legal advice and
counsel was necessary for them to form a full and complete understanding of all rights and
obligations herein.
10. Notices. All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of Licensor and Licensee listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the
city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
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(305) _____ Ext
Attn: -----------------
City of Miami .._...,, ... ..,u
City Manager
1700 Convention Center Drive
Miami Florida 33139
(305) 673-7000, 6399
Attn: Jorge M. Gonzalez
11. The making, execution and delivery of this Agreement by Licensor has
been induced by no representations, warranties, or agreements other than those
contained herein. This Agreement embodies the entire understanding of Parties and there are
no further or other agreements or understandings, written or oral, in between the Parties
relating to the subject matter hereof.
as of the day and year first above written.
Attest:
City Clerk
Attest:
Secretary
Print Name
LICENSOR:
CITY OF MIAMI BEACH
a Florida Municipal Corporation
By: ________________________________ __
LICENSEE:
_______________ ., a Florida
corporation
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EXHIBIT A
PROPERTY DESCRIPTION
ATTACHMENT NO. 1
F:\$AII\Econ\RHCD\Asset\Staging Lot Leases\License & Use Agreement Draft. doc
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RESOLUTION TO BE SUBMITTED
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