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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00832 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF
MIAMI ("CITY") AND NCI CONSTRUCTION CO., DATED JUNE 11, 2004, AND
APPROVED PURSUANT TO RESOLUTION NO. 04-0260, ADOPTED APRIL 22,
2004, AS AMENDED, PURSUANT TO RESOLUTION NO. 05-0179, ADOPTED
MARCH 24, 2005, FOR THE PROJECT ENTITLED "ORANGE BOWL STORM
WATER PUMP STATION UPGRADES (THIRD BIDDING)," PROJECT B-50653
("PROJECT"), FOR THE PROVISION OF MISCELLANEOUS UPGRADES FOR
THE PROJECT, IN AN AMOUNT NOT TO EXCEED $80,000, FROM $298,127 TO
AN AMOUNT NOT TO EXCEED $378,127; ALLOCATING FUNDS FOR SAID
INCREASE, FROM CAPITAL IMPROVEMENTS PROJECT B-50653;
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, TO
THE AGREEMENT, FOR THE PURPOSES STATED HEREIN.
WHEREAS, NCI Construction, Inc., the lowest responsive and responsible bidder, was selected to
provide building repairs and upgrades for the project entitled "Orange Bowl Storm Water Pump Station
Upgrades (Third Bidding)," Project B-50653 ("Project"); and
WHEREAS, the City of Miami and NCI Construction, Inc. ("Contractor") entered into an Agreement
on June 11, 2004; and
WHEREAS, the negotiated fee associated with the original Agreement is an amount not to exceed
$27.8,127; and
WHEREAS, pursuant to Resolution No. 05-0179, adopted March 24, 2005, the City Commission
authorized Amendment No. 1 to the Agreement which increased the Contractor's scope of work to
include building code required revisions and increased the Contractor's fee by the amount of $20,000
from $278,127, to an amount not to exceed $298,127; and
WHEREAS, it is necessary for the Contractor to perform certain additional work that was not
identified in the design documents utilized during the bid process and were not included in the original
scope of work; and
WHEREAS, the negotiated fee associated with the additional work is an amount not to exceed
$80,000; and
WHEREAS, Amendment No. 2 increases the Contractor's scope of work to include the additional
work and increases the Contractor's fee from $298,127, to an amount not to exceed $378,127; and
WHEREAS, funds for the stated purpose will be allocated from the Capital Improvement Project
("C I P") B-50653;
City of Miami Page 1 of 2 Printed On: 6/26/2007
- File Number: 07-00832
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. An increase in the contract between the City and the Contractor, dated June 11, 2004,
approved pursuant to Resolution No. 04-0260, adopted April 22, 2004, as amended pursuant to
Resolution No. 05-0179, adopted March 24, 2005, for the Project, for the provision of miscellaneous
upgrades, in an amount not to exceed $80,000, from $298,127 to an amount not to exceed $378,127,
is authorized, with funds for said increase allocated from CIP B-50653.
Section 3. The City Manager is authorized {1} to execute Amendment No. 2, in substantially the
attached form, to the Agreement dated June 11, 2004, for the purposes stated herein.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FROM AND CORRECTNESS:
JO� c. FERNANDEZ1
CITY ' TORNEY
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 2 of 2 Printed On: 6/26/2007