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HomeMy WebLinkAboutR-09-0110Vop City of Miami Legislation < U R �O Resolution: R-09-0110 File Number: 09-00190 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/12/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-87 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND UNDER FLORIDA STATUTES SECTION 287.055; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE PAYMENT, IN AN AMOUNT NOT TO EXCEED $43,147.02, TO R.J. HEISENBOTTLE ARCHITECTS, P.A., FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES PERFORMED FOR THE PROJECT ENTITLED "BLACK POLICE PRECINCT STATION AND COURTHOUSE MUSEUM RESTORATION, PROJECT B-30299," ("THE PROJECT"), ORIGINALLY SELECTED FOR THE PROJECT PURSUANT TO RESOLUTION NO. 04-0024, ADOPTED JANUARY 8, 2004, UNDER A MISCELLANEOUS ARCHITECTURAL AGREEMENT, EXECUTED PURSUANT TO RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30299, ENTITLED "BLACK POLICE PRECINCT STATION AND COURTHOUSE MUSEUM RESTORATION." WHEREAS, the City of Miami ("City") is the owner of real property and improvements located at 1009 Northwest 5th Avenue, Miami, Florida, also known as the Black Courthouse and Police Precincts ("Property") and desired to restore the Property as a police museum documenting the historical use of the site ("Project"); and WHEREAS, the City of Miami Retired Police Officers Community Benevolent Association, Inc. ("COMRPOCBA"), a not-for-profit corporation also desired to restore the Black Police Precinct Station and Courthouse and entered into an agreement with R.J. Heisenbottle Architects, P.A. ("the Architect") for Architectural services required for each phase of the Project; and WHEREAS, pursuant to Resolution No. 03-1105, adopted October 23, 2003, the City Commission authorized a Memorandum of Understanding between the City and COMRPOCBA and the City's Department of Capital Improvements Projects agreed to oversee the Project; and WHEREAS, the Department of Capital Improvements Project required architectural services for the Project and the Architect had an agreement, pursuant to Resolution No. 02-144, adopted February 14, 2002, by the City Commission, to provide the City with architectural services, as necessary; and City of Miand Page 1 of 3 File Id. 09-00190 (Version: 2) Printed On: 6/1/2017 File Number: 09-00190 Enactment Number: R-09-0110 WHEREAS, as a result of the foregoing, the Architect submitted a proposal for a Work Order Authorization ("Work Order") to the City to provide the Project's architectural services, in the amount of $69,700, which was approved by City Commission pursuant to Resolution No. 04-0024, adopted January 8, 2004, and the firm performed said services for the Project; and WHEREAS, beyond the term of the architectural agreement, further construction administration services were required by the City during the construction of the project, in the amount of $43,147.02; and WHEREAS, the City Manager found that in the interest of maintaining continuity of work, using another consultant would have considerably delayed closure, ultimately cost the City undue additional expenditures, and that it was most practicable and advantageous to the City for R.J. Heisenbottle to perform all necessary architectural services for the Project, including the remaining construction administration services; and WHEREAS, said findings are attached and incorporated; and WHEREAS, in order to authorize the work, the City Commission must, by a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, ratify, approve and confirm the City Manager's finding of an emergency, that is in the best interest of the City to waive the requirements for competitive bidding procedures provided in Sections 18-87 and 18-90 of the Code of the City of Miami, Florida, as amended ("City Code") and under Florida Statutes Section 287.055, known as the Consultant's Competitive Negotiations Act; and WHEREAS, funding for the additional services is available from Capital Improvement Project ("CIP") No. B-30299; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's finding of an emergency, pursuant to Sections 18-87 and 18-90 of the City Code, and under Florida Statutes Section 287.055, is ratified, approved and confirmed, and the requirements for competitive bidding procedures, are waived. Section 3. The City Manager is authorized{1} to approve payment, in an amount not to exceed $43,147.02, to the Architect, for additional construction administration services performed for the Project , selected for the Project pursuant to Resolution No. 04-0024, adopted January 8, 2004, City of Miand Page 2 of 3 File Id. 09-00190 (Version: 2) Printed On: 6/1/2017 File Number: 09-00190 Enactment Number: R-09-0110 under a miscellaneous architectural agreement, executed pursuant to Resolution No. 02-144, adopted February 14, 2002, with funds allocated from CIP No. B-30299, entitled " Black Police Precinct Station and Courthouse Museum Restoration." Such payment shall reflect a notation that is "Payment in Full" for all services by the Architect for this Project. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id. 09-00190 (Version: 2) Printed On: 6/1/2017