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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01393 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S RECOMMENDATION
AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF
SERVICES; AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE
ORDER NO. 1 FOR ADDITIONAL WORK, FOR UNFORESEEN CONDITIONS AND
ADDITIONAL SCOPE ITEMS, PERFORMED FOR THE ANTONIO MACEO PARK
NEW COMMUNITY BUILDING PROJECT (B-60430A), DUE TO JOB ORDER
CONTRACT ("JOC") EXPIRATION PRIOR TO CHANGE ORDER PROCESSING,
IN AN AMOUNT NOT TO EXCEED $117,159.35, CONSISTING OF THE AMOUNT
OF $115,427.93, FOR THE JOB ORDER CONTRACTOR FHP TECTONICS CORP.
D/B/A F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, AND THE AMOUNT OF
$1,731.42, FOR GORDIAN GROUP INC.'S JOC MANAGEMENT FEE;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT
NO. B-60430A.
WHEREAS, pursuant to Resolution No. 04-0516, adopted July 29, 2004, the City Commission
approved the award of a Job Order Contract ("JOC") to FHP Tectonics Corp. d/b/a F.H. Paschen, S.N.
Nielsen & Associates (" F.H. Paschen") for the construction of various capital projects, including the
Antonio Maceo Park New Community Building Project, B-60430 ("Project"); and
WHEREAS, the award was a piggyback of an existing Miami Beach contract, which expired May
25, 2008, approved pursuant to said Resolution; and
WHEREAS, Change Order No. 1, describing additional work necessitated for the Project, was not
finalized or processed prior to expiration of the JOC contract with F.H. Paschen due to prolonged
pricing negotiations; and
WHEREAS, the City Manager found that, in the interest of maintaining continuity of work, and
considering the Change Order was initiated prior to contract expiration, it was most practicable and
advantageous to the City for F.H. Paschen to perform the additional work, as was originally intended
and contemplated, rather than competitively bid the work; 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 the City Manager's recommendation that the
requirements for competitive bidding procedures be waived for the procurement of the additional
services described in Change Order No. 1, pursuant to Section 18-85 of the Code of the City of Miami,
Florida, as amended ("City Code"); and
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File Number. 08-01393
WHEREAS, the additional work in Change Order No. 1, is for unforeseen conditions including the
removal of buried concrete footing, repairs to existing irrigation systems, extension of sanitary sewer
service from the southeast corner of the building to the main entrance, lowering existing drinking
fountain water line to accommodate proposed elevations and upgrading the acoustical ceiling tile, and
HVAC grilles and lay -in light fixture to a Fire Rated System in order to pass inspection; and
WHEREAS, the additional scope described in Change Order No. 1 includes work to the following
items: sitework, irrigation, storm drainage, site utilities, sidewalks and pavers, casework, hardware to
include ADA access, metal support assemblies, gypsum board, ceramic tile, acoustical ceilings,
special coatings, hurricane protection, office furniture, plumbing, HVAC and electrical work; and
WHEREAS, this item authorizes the City Manager to issue Change Order No. 1, in an amount not
to exceed $117,159.35, consisting of the amount of $115,427.93 ,for the JOC contractor F.H. Paschen
and the amount of $1,731.42, for Gordian Group Inc.'s JOC management fee; and
WHEREAS, funds are to be allocated from Capital Improvement Program ("CIP") Project No. B-
60430A;
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 recommendation and findings, pursuant to Section 18-85 of the City Code, waiving the
requirements for competitive bidding procedures for the procurement of services, is ratified, approved
and confirmed.
Section 3. The City Manager is authorized{1} to approve Change Order No. 1, for additional work,
for unforeseen conditions and additional scope items, performed for the Project, due to JOC expiration
prior to change order processing, in an amount not to exceed $117,159.35, consisting of the amount
of $115,427.93, for the JOC contractor F.H. Paschen and the amount of $1,731.42, for Gordian
Group Inc.'s JOC management fee, with funds allocated from CIP Project No. B-60430A.
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. B
CITY ATTORNEY
City of Miami
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File Number: 08-01393
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.
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