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Home My WebLink AboutR-20-0366City of Miami Resolution R-20-0366 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8036 Final Action Date: 11/19/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING CHANGE ORDER NO. 1/FINAL SETTLEMENT TO INVITATION TO BID ("ITB") CONTRACT NO. 15-16-037 WITH CHEROKEE ENTERPRISES, INC., A FLORIDA PROFIT CORPORATION ("CHEROKEE"), FOR ADDITIONAL SCOPE OF WORK ELEMENTS FOR THE CURTIS PARK ENVIRONMENTAL REMEDIATION PROJECT - D1, CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40B-40610, FOR AN ADDITIONAL AMOUNT OF TWO HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED FORTY DOLLARS AND NINETEEN CENTS ($227,740.19), THEREBY INCREASING THE CURRENT NOT -TO -EXCEED PROJECT AMOUNT OF FOUR MILLION THREE HUNDRED SIXTY ONE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($4,361,500.00) TO A FINAL NOT -TO -EXCEED PROJECT AMOUNT OF FOUR MILLION FIVE HUNDRED EIGHTY NINE THOUSAND TWO HUNDRED FORTY DOLLARS AND NINETEEN CENTS ($4,589,240.19); ALLOCATING FUNDS FROM OCI PROJECT NO. 40B-40610, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CHANGE ORDER NO. 1/FINAL SETTLEMENT TO ITB CONTRACT NO. 15-16-037 WITH CHEROKEE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, on December 29, 2016, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as amended ("City Code"), and Invitation to Bid ("ITB") No. 15-16-037 as authorized by Resolution No. 16-0566 adopted by the City Commission on November 17, 2016, the City Manager executed an agreement ("Agreement") between the City of Miami ("City") and Cherokee Enterprises, Inc., a Florida profit corporation ("Cherokee"), for the provision of environmental remediation services for the Curtis Park Environmental Remediation Project — D1, City Office of Capital Improvements ("OCI") Project No. 40B-40610, for the current not -to - exceed project amount of Four Million Three Hundred Sixty One Thousand Five Hundred Dollars and Zero Cents ($4,361,500.00); and WHEREAS, the original construction schedule of OCI Project No. 40B-40610 ("Project") required that Curtis Park be shutdown prior to commencement, but in order to minimize City of Miami Page 1 of 3 File ID: 8036 (Revision:) Printed On: 5/13/2025 File ID: 8036 Enactment Number: R-20-0366 disruption to area residents, certain areas of the Park remained open during construction, which resulted in the Project being completed in phases rather than as originally scheduled; and WHEREAS, due to damages caused by Hurricane Irma ("Irma")during the Project's construction, unforeseen conditions arose requiring repairs of said damages, additional remediation work was conducted on the southeast corner of the Park as required by the Miami - Dade County Division of Environmental Resources Management ("DERM"), and related site furnishings and fencing work was also required to secure the Park during the Project; and WHEREAS, construction of the Project was completed and a Building Certificate was issued on July 12, 2018; and WHEREAS, the original Project amount was no longer sufficient to compensate Cherokee for the additional costs of the phased activities and damage related repairs resulting from Irma; and WHEREAS, the OCI Director submitted to the City's Chief Procurement Officer ("CPO") a full written explanation of the additional costs in construction work as outlined in the Change Order Summary, attached and incorporated as Exhibit "A;" and WHEREAS, Cherokee has agreed to execute the Change Order No.1/Final Settlement to ITB Contract No. 15-16-037 with the City, attached and incorporated as Exhibit "B," for an additional amount of Two Hundred Twenty Seven Thousand Seven Hundred Forty Dollars and Nineteen Cents ($227,740.19), to compensate Cherokee for the additional scope of work elements outlined in the referenced Change Order Summary reflected by Exhibit "A," attached and incorporated, thereby increasing the current not -to -exceed Project amount from Four Million Three Hundred Sixty One Thousand Five Hundred Dollars and Zero Cents ($4,361,500.00) to a final not -to -exceed Project amount of Four Million Five Hundred Eighty Nine Thousand Two Hundred Forty Dollars and Nineteen Cents ($4,589,240.19); and WHEREAS, funds are to be allocated from the appropriate OCI Project No. 40-B40610, Curtis Park Environmental Remediation Project; 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. Change Order No. 1/Final Settlement to ITB Contract No. 15-16-037 with Cherokee for additional scope of work elements for the Project for an additional not -to -exceed amount of Two Hundred Twenty Seven Thousand Seven Hundred Forty Dollars and Nineteen Cents ($227,740.19), thereby increasing the current not -to -exceed project amount from Four Million Three Hundred Sixty One Thousand Five Hundred Dollars and Zero Cents ($4,361,500.00) to a final not -to -exceed project amount of Four Million Five Hundred Eighty Nine Thousand Two Hundred Forty Dollars and Nineteen Cents ($4,589,240.19), is authorized.' 1 The herein authorization is further subject to compliance with all regulations that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 8036 (Revision:) Printed on: 5/13/2025 File ID: 8036 Enactment Number: R-20-0366 Section 3. Funding is allocated from OCI Project No. 40B-40610, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized {1} to execute the Change Order No. 1/Final Settlement to ITB Contract No. 15-16-037 with Cherokee, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including, the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 8036 (Revision:) Printed on: 5/13/2025