12-06-05 Item 13South Miami
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,�-- • CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: Mayor Mary Scott Russell and Date: December 6, 2005
Members of the City Commission
From: Maria V. Davis Agenda Item #
City Manager Re: Selection of a Firm to Provide
Architectural Services for the
Municipal Parking Garage
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO PROFESSIONAL SERVICES
AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BLITSTEIN DESIGN ASSOCIATES
FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS
FOR THE MUNICICPAL PARKING GARAGE; CHARGING PAYMENT IN AN AMOUNT
NOT TO EXCEED $102,290 TO ACCOUNT NUMBER 001.0000.132.2048;
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS:
In June 2002, the City Commission selected Arquitectonica International Corporation as
its architect for the design of the municipal parking garage. In December 2002, the City
Commission decided not to proceed with the garage project which resulted in the Mark
Richman Properties, Inc. (MRP) lawsuit. Following the settlement of the MRP lawsuit,
the City Administration was unsuccessful in its attempts to have Arquitectonica revise
the design plans that they had already completed. However, Arquitectonica's
completed work became the property of the City.
In order to keep the garage project moving forward, it is important that an architectural
firm be put in place to pick up where Arquitectonica left off. The City Administration and
MRP have contacted Blitstein Design Associates who have agreed to complete the
design work begun by Arquitectonica, who has agreed to turn over all existing design
documents in their possession. MRP will be responsible for any costs associated with
the completion of the design work that exceeds the City's remaining balance of
$102,290.00 that was earmarked for Arquitectonica to complete this work.
If the RFQfRFP process had to be undertaken once more for the selection of another
architectural firm to complete the project, the City would be facing additional delays
resulting in increased costs. Therefore, it is in the City's best interest to select a firm
without following the RFOIRFP process. The City's attorney has indicated that the City
is within its rights to select an architect without being subject to the Competitive
The attached resolution would allow the City Manager to execute a professional
services agreement with Blitstein Design Associates to complete the design and
construction documents for the municipal parking garage.
Funding for this professional services agreement is available in the 73d Street Parking
Garage Account number 001.0000.132.2040 that currently has a balance of
$102,290.00.
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WHEREAS, the Mayor and City Commission of the City of South Miami at its meeting
on June 19, 2002 adopted resolution number 92-02-11441 which authorized the City Manager to
execute a professional services agreement with Arquitectonica International Corp,
('Arquitectonica7) for the design of the municipal parking garage; and
WHEREAS, Mark Richman Properties, Inc. "MRP" and the City have worke4
cooperatively with Arquitectonica to complete the project design work; and
WHEREAS, due to certain differences of opinion, Arquitectonica, MRP and the City
agree that it would be in the project's best interest for the project design work to be completed by
another architectural firm; and
WHEREAS, the City and A4RP agree to have the design and construction documeni
completed by Blitstein Design Associates; and
WHEREAS, the City and MRP have a significant financial repayment obligation and
each delay increases the overall cost and threatens the viability of the project.
Section 1. The City Commission finds that due to the financial burdens placed on the
City that there is a pressing necessity to retain an architect on an expedited basis in order to
complete the municipal parking garage project design work.
Section 2. The City Manager is authorized to execute a professional services
agreement with Blitstein Design Associates for the completion of the design and construction
documents for the municipal parking garage; utilizing funding not to exceed $102,290.00
available in the 73rd Street Parking Garage Account number 001.0000.132.2040 that has a
current balance of $102,290.00.
Section .3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of p 2005.
CITY CLERK
CITY ATTORNEY
C:\Documents and SettiuSs\.4fickc\My DocumentsMord Documcnts\ResolufionSelwfingC=agcArchitmtdoc
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Davis, Maria
From: Luis Figueredo [Ifigueredo@ngf- law.com]
Sent: Wednesday, November 16, 2005 4:24 PM
To: Davis, Maria
Subject: MRP
You have asked me to respond to your question concerning the City Commission's ability to employ another architect on an
emergency basis in order to complete the parking garage design for MRP without issuing an RFP for design services? Under the
terms of the Competitive Negotiation Act, s. 287.055 F.S. a public agency subject to the Act may in the case of a valid public
emergency so certified by it, contract for architectural services without complying with the competitive negotiation requirements of
the Act. The question of what is an emergency is of course a question of fact to be determined by the commission. The court in
City of Miami V. Giola, 215 So. 2d. 780 (3 D.G.A. Fla. 1968) defined emergency to mean a pressing necessity or exigency not
necessarily wholly unexpected. The word exigency is defined as a pressing or urgent situation. The City and MRP have a
significant financial repayment obligation. As such each delay increases the overall cost of the project as borrowed funds originally
earmarked for construction costs are being utilized to satisfy the debt service obligation. The delays are imposing a financial
burden on the project. An RFP to complete the design work will delay the project at least 3 -6 months. This will result in a
significant economic impact on the city. It is my understanding that the city seeks to hire an architect on an emergency basis to
complete the remaining architectural work. Given the circumstances I believe that there is statutory support to do so provided the
matter is brought before the city commission and the commission makes a finding of fact that there is a pressing necessity to
retain an architect. 1 trust that this responds to your query.
11/17/2005
October 31, 2005
Mr. Mark Richman
M.R. Properties Inc.
18500 NE 5" Avenue
Miami, Florida
re: South Miami Municipal Garage
Proposal for Preliminary Architectural Services (Phase Il
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To design a new first floor retail building and a -400 space parking garage. This
program is based on the request of the owner and the allowable building area of the
City of South Miami. ,
Architect will provide the following scope of services:
• All architectural drawings including site plan, floor plans, exterior elevations,
building sections, and a three dimensional, computer generated colored rendering
of facade and overall complex.
• A white study model (no color) at 1/16" = V-0"
• Preliminary landscape drawings with planting plan
• Civil engineering investigation of site regarding water and sewer, site drainage, off-
site utilities, and road accessibility
• Meet with selected general contractor [KVC) and precast fabricator (Consul Tech)
W discuss preliminary cost estimates
As part of this proposal architect will meet with appointed City of South Miami building
officials to review project. (Art Xiques)
Project: must go through review by City of South Miami, ERB, Planning & Zoning Board,
and the City Commission.
At final approval of City, architect will modify model, renderings, and drawings to reflect
the city's requested changes.
Architect will modify building to reflect input from owner and associated consultants
during design process.
Retainer Amount Now Requested - - - - - - - - - - - - - - - - - - - - - - - - -- $25,000-99
[Retainer amount to be applied toward final mutually agreed upon fee for
completed construction documents including all associated engineering for
permit, bidding. and construction.)
A R C H I T E C T U RE - INTER I OR D IS I G N
285 Sevilla avenue, coral gables - fl. 33134 phone (305) 444 4433 'fax (305) 444 0181 email: bdamiarn[ bellsnu'li-i_ net