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Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov,com
File ID: 05-00499
Enactment #: R-05-0388
Version: 2
Type: Resolution Status: Passed
Enactment Date: 6/9105
Introduced: 5/18/05 Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, ACCEPTING
THE PROPOSED STIPULATED FINAL JUDGMENT AND JOINT MOTION FOR ITS ENTRY, FOR
ACQUISITION OF THE TITLE TO THE PROPERTIES AS DESCRIBED HEREIN, IN
CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN OCCUPANCY AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROPERTIES LOCATED AT 212
NORTHEAST 59TH TERRACE, 211 NORTHEAST 59TH STREET AND 215 NORTHEAST 59TH
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE AGREEMENT BETWEEN THE
CITY OF MIAMI AND OWNERS OF SAID PROPERTIES, ERS PROPERTIES, INC., A FLORIDA
FOR -PROFIT CORPORATION AND SIGMUND O. SCHICKMAN, AN INDIVIDUAL
("COLLECTIVELY PARTIES"), IN COMPLIANCE WITH THE MEMORANDUM OF SETTLEMENT
ENTERED INTO ON MAY 16, 2005, BY THE PARTIES RESULTING FROM MEDIATION
PURSUANT TO A COURT ORDER; ALLOCATING FUNDS IN THE AMOUNT OF $1,966,000,
FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
FOR THE COST OF SAID ACQUISITION INCLUSIVE OF THE COST OF ATTORNEY'S FEES
AND EXPENSES, SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE,
DEMOLITION, AND FENCING,
WHEREAS, pursuant to its authority under Chapters 73 and 166, Florida Statutes, the City of Miami ("City) filed a
petition in eminent domain to acquire the real property described in the Occupancy Agreement ("Agreement") attached
hereto as "Exhibit A;" and
WHEREAS, pursuant to its authority -under Chapter 74, Florida Statutes, the City petitioned the Circuit Court of' the
Eleventh Judicial Circuit in Case Nos., 04-26596, 04-26598 and 04-26600 for entry of an Order of Taking to acquire title to the
properties located at 212 Northeast 59th Terrace, 211 Northeast 59th Street, and 215 Northeast 59th Street, Miami, Florida
("Properties") in advance of final judgment; and
WHEREAS, on May 16, 2005, as a result of the mediation, the City, ERS Properties, Inc., a Florida for -profit corporation
and Sigmund 0. Schickman (collectively "Parties") agreed to a Memorandum of Settlement to acquire title to the Properties in
connection with the development of Little Haiti Park; and
City of Miami Page I Printed on 7/27/2006
and Section 287.055 of Florida Statutes, known as the Consultants Competitive Negotiations Act ("CCNA"), or as
Construction Management -at -Risk projects, governed by Section 18-86 of the City Code; and
WHEREAS, these delivery methods combine design and construction teams to compress project schedules over
traditional design -bid -build scenarios to a one to three-year time frame, improve project integrity, and reduce costs,
particularly addressing or eliminating change orders and cost overruns; and
WHEREAS, procurement procedures normally utilized to secure these methods also require significant time, from six (6)
months to one (I) year, to complete, thereby compounding the delay, further hampering the City's bonding capacity and the
delivery of these projects for the benefit of the community; and
WHEREAS, the Administration has determined that the most expeditious method of implementing the Grapeland
Heights Park projects (B-35828, B-30105 and B-60496), and the Little Haiti Park Soccer and Recreational Facilities project
(B-38500) is to use the Design -Build method; and
WHEREAS, the Administration recommends that Recreation Design Consultants serve as the prime
consultant/contractor for the Grapeland Heights Park projects (B-35828, B-30105, and B-60496) with the design firm of Carzo
Castella Caballo Thompson Salman (C3TS) as the subconsultant/engineer; and
WHEREAS, the Administration recommends that Recreation Design Consultants serve as the prime
consultant/contractor for the Little Haiti Park Soccer and Recreational Facilities (B-38500) with the design firm of Zyscovich
Architects as the subconsultant/architect; and
WHEREAS, the Administration has determined that the most expeditious method of implementing the Jose Marti Park
Gymnasium (B-35857) and Little Haiti Park Cultural Campus (B-30295) projects is to use the Construction
Management -at -Risk method, and
WHEREAS, the Administration recommends that Pirtle Construction Company, Inc. serve as the contractor,
Construction Manager at Risk, for the Jose Marti Park Gymnasium project (B-35857) and that the design firm of Zyscovich
Architects serve as the architect for the project under a previously existing agreement dated June 24, 2002 subject to the
additional approval of the City Commission requested herein; and
WHEREAS, the Administration recommends that Pirtle Construction Company, Inc. serve as the contractor,
Construction Manager at Risk, for the Little Haiti Park Cultural Campus (B-30295) project and that the design firm of
Zyscovich Architects continue as the architect for the project as approved by Resolution No. 04-0151 adopted March 11,
2004, under its previously existing agreement dated .June 24, 2002; and
WHEREAS, the Administration has investigated and identified the aforementioned firms as having excellent
qualifications uniquely geared to the projects for which they are recommended, substantial records of experience in projects
of like size and complexity, and are appropriately licensed; and
WHEREAS, the City Manager requests authorization to negotiate appropriate contract terms, conditions and
compensation with each Design -Build and Construction Management -at -Risk service provider and return to the City
City of Miami Page 2 Printed on 7/31/2006