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City of Miami
Legislation
Resolution
File Number: 10-01053
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE
BIDDING PROCEDURES PURSUANT TO SECTIONS 18-87 AND 18-90, AND
FLORIDA STATUTES SECTION 287.055; RETROACTIVELY AUTHORIZING
ADDITIONAL SERVICES PERFORMED FOR THE JOSE MARTI GYMNASIUM
PROJECT, B-35857, IN THE AMOUNT OF $69,890 AND THE LITTLE HAITI
CULTURAL CENTER, B-30295, IN THE AMOUNT OF $91,191; ALLOCATING
FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT,
SUBJECT TO BUDGETARY APPROVAL.
WHEREAS, pursuant to Resolution No. 02-144, adopted February 14, 2002, the City Commission
authorized an agreement with Zyscovich, to provide the City with professional design services in the
field of architecture, on an as -needed basis; and
WHEREAS, pursuant to Resolution No. 05-0125, adopted February 24, 2005, the City Commission
authorized the City Manager to engage Zyscovich for comprehensive design services for the Jose
Marti Gymnasium Project, B-35857 ("Jose Marti"); and
WHEREAS, pursuant to Resolution No. 04-0151, adopted March 11, 2004, the City Commission
authorized the City Manager to engage Zyscovich for comprehensive design services for the Little
Haiti Cultural Center, B-30295 ("Little Haiti"); and
WHEREAS, Resolution No. 04-0151, adopted March 11, 2004, amended Resolutions Nos. 02-144
and 03-089, to increase the value of the agreement with Zyscovich to an amount not to exceed
$2,250,000; and
WHEREAS, throughout the course of the Jose Marti project, Zyscovich responded to various
additional service requests within the original project scope that included: schematic redesign due to
unforeseen utility easements and underground utilities; design changes to 100% construction drawings
including architectural, structural, mechanical and plumbing revisions by the architect; additional
Architectural and Engineering services to provide the Miami -Dade County Water and Sewer
Department water main extension design submittal; and additional water fountains; and
WHEREAS, approval of a Supplemental Change Order in the amount of $69,890 is being
requested for services completed for Jose Marti; and
WHEREAS, throughout the course of the Little Haiti project, Zyscovich responded to various
additional services that included extended Construction Administration services, in the amount of
$51,000, due to additional time granted to the Construction Manager for completion of the project and
$40,191 for outstanding invoices for work performed but not approved; and
City of Miami Page I of 3 File 1& 10-01053 ([version: 1) Printed On: 9114/2010
File Number: 10-01053
WHEREAS, approval of a Supplemental Change Order in the amount of $91,191 is being
requested for said services; and
WHEREAS, the agreement with Zyscovich has since expired, and City Commission approval is
necessary to retroactively approve the additional work for both projects and subsequently issue
Purchase Orders in the amount not to exceed $69,890 for Jose Marti and $91,191 for Little Haiti; and
WHEREAS, in order to retroactively 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 Florida Statutes Section 287.055, known as the
Consultant's Competitive Negotiations Act; and
WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects; and
WHEREAS, funds are contingent upon budget amendment approval on September 23, 2010;
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 18-97 and 18-90 of the City Code, and
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 provide payment for the additional services
performed for Jose Marti, in an amount not to exceed $69,890, and Little Haiti, in an amount not to
exceed $91,191, with funds allocated from the appropriate Capital Improvement Project, subject to
budgetary approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 2 of 3 File Id. 10-01053 (Version: 1) Printed On: 9/14/2010
File Number.- 10-01053
Footnotes:
{1} The authorization herein 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. 10-01053 (Version: 1) Printed On: 9/14/2010