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HomeMy WebLinkAboutR-06-0053City of Miami Legislation Resolution: R-06-0053 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00052 Final Action Date: 1/26/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, PURSUANT TO SECTION 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING AN INCREASE IN THE AMOUNT OF THE CONTRACT WITH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, FOR THE PROJECT ENTITLED "HADLEY PARK COMMUNITY CENTER," IN AN AMOUNT NOT TO EXCEED $1,732,356; RATIFYING THREE AMENDMENTS TO THE CONTRACT INCREASING THE CONTRACT AMOUNT BYATOTAL OF $1,554,636, WHICH TOGETHER WITH THE CURRENT AMENDMENT INCREASES THE CONTRACT FROM AN AMOUNT NOT TO EXCEED $2,400,000 TO $4,132,356; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 331391 AND 331411; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") entered into an agreement with the State of Florida, Department of Management Services ("DMS") on June 28, 1999, to act as the construction manager on behalf of the City for the construction of the Hadley Park Community Center ("Project"); and WHEREAS, the City allocated $2,400,000 for the Project and authorized DMS to make payments to the contractor for work performed; and WHEREAS, at the April 13, 2000 City Commission meeting, Ordinance No. 11909 was adopted, appropriating additional funding for the Project in the amount of $457,636; and WHEREAS, at the September 22, 2000 City Commission meeting, Resolution No. 00-825 was adopted, appropriating additional funding for the Project in the amount of $375,000; and WHEREAS, at the July 1, 2001 City Commission meeting, Ordinance No. 12087 was adopted, appropriating additional funding for the Project in the amount of $350,000; and WHEREAS, the City Manager subsequently approved an amendment to the Agreement on May 8, 2000, increasing the value of the Project budget with DMS to $2,857,636; and WHEREAS, the City Manager subsequently approved an additional amendment to the Agreement on October 13, 2000, increasing the value of the Project budget with DMS to $3,232,636; and WHEREAS, the City Manager subsequently approved an additional amendment to the Agreement on August 22, 2001, increasing the value of the Project budget with DMS to $3,954,636; and City of Miami Page 1 of 3 File Id: 06-00052 (Version: 2) Printed On: 12/20/2016 File Number: 06-00052 Enactment Number: R-06-0053 WHEREAS, the City has previously made payments to DMS in the amount of $3,954,636, consisting of $3,881,116, for construction and $73,520, for DMS' management fee; and WHEREAS, the construction is complete and the construction contractor is owed a final payment of $177,720, for the completion of the Hadley Park Community Center; and WHEREAS, the final Project budget will be increased to $4,132,356, consisting of $4,058,836, for construction and $73,520, for DMS' management fee; and WHEREAS, the actions of the City Manager in approving the foregoing amendments due to his Emergency Findings, need to be ratified, approved and confirmed by the City Commission under the Code of the City of Miami, Florida, as amended ("City Code"), and the increase in the contract approved; and WHEREAS, funds to cover all contract costs have been made available from Capital Improvements Project ("CIP") Nos. 331391 and 331411; 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 emergency findings waiving the requirements for competitive bidding procedures, pursuant to Section 18-89 of the City Code, is ratified, approved and confirmed, an increase in the amount of the contract with DMS for the Project, in an amount not to exceed $1,732,356, is approved, and three prior amendments, increasing the contract by $1,554,636, is ratified, which with the current amendment, increases the contract from an amount not to exceed $2,400,000 to $4,132,356, with funds allocated from CIP Nos. 331391 and 331411. Section 3. The City Manager is authorized{1} to execute an Amendment, in substantially the attached form, and all necessary document(s) for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor {2} Footnotes: City of Miami Page 2 of 3 File Id: 06-00052 (Version: 2) Printed On: 12/20/2016 File Number: 06-00052 Enactment Number: R-06-0053 {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: 06-00052 (Version: 2) Printed On: 12/20/2016