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Resolution
File Number: 10-00262
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
CONSTRUCTION MANAGER AT RISK AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR
THE PROVISION OF ADDITIONAL PRE -CONSTRUCTION SERVICES FOR THE
STADIUM SITE PARKING PROJECT, B-30648, 1N AN AMOUNT NOT TO EXCEED
$165,000, FROM AN ORIGINAL AMOUNT OF $168,174, TO AN AMOUNT NOT TO
EXCEED $333,174; ALLOCATING FUNDS FROM AWARD NO. 1420 -MIAMI
SPORTS AND EXHIBITION AUTHORITY CONTRIBUTION TO CAPITAL; TO BE
OFFSET BY A REDUCTION IN THE CONSTRUCTION PHASE FEE, RESULTING
IN NO CHANGE TO THE APPROVED GUARANTEED MAXIMUM PRICE (GMP)
AMOUNT OF $75,000,000, INCLUSIVE OF THE PRE -CONSTRUCTION FEE.
WHEREAS, on July 2, 2009, pursuant to Request for Proposals No. 08-09-056 and Resolution No.
10-0003, adopted by the City Commission January 14, 2010, the City and the Contractor entered into
a Construction Manager at Risk Agreement ("Agreement"), for the provision of construction
management at risk services, in an amount not to exceed $168,174, for pre -construction services; and
WHEREAS, Resolution No. 10-0003 further authorized the City Manager to execute the
Agreement without further City Commission approval, accepting an Initial Guaranteed Maximum Price
("IGMP"), and a final Guaranteed Maximum Price ("GMP") in an amount not to exceed $75,000,000,
inclusive of the fee for pre -construction services of $168,174, providing that the Final GMP does not
exceed $75,000,000; and
WHEREAS, pursuant to Resolution No. 10-0003, the construction funds are to be allocated from
the sale of Special Obligation Parking Revenue Bonds and thus the execution of the GMP is
contingent upon the sale of said bonds; and
WHEREAS, per the agreement, all tasks identified for the construction phase were not to be
commenced until sale of said bonds; and
WHEREAS, to remain on schedule for completion by the December 2011 completion date, a
redistribution of pre -construction and construction tasks is required; and
WHEREAS, it has been determined that it is in the City's best interest to allow for certain GMP
tasks, as detailed and identified in Exhibit A, to be moved forward into the pre -construction phase of
the project to expedite the project; and
City of Miami Page 1 of 3 File Id: 10-00262 (Version: I) Printed On: 31212010
File Number: 10-00262
WHEREAS, these services include: field offices/trailers, power and utilities; dewatering design and
permitting; Environmental/Soil Management Plan; dewatering wells; release shop drawings and
fabrication of underground tanks; and utility disconnects and relocation inside garage sites; and
WHEREAS, Amendment No. 1 adds these services to the scope of the pre -construction phase and
increases the pre -construction fee by $165,000, from an original amount of $168,174, to a not to
exceed amount of $333,174; and
WHEREAS, funds are to be allocated from Award No. 1420, Miami Sports and Exhibition Authority
Contribution to Capital; and
WHEREAS, the increase will be offset by a reduction in the construction phase, thus, the GMP
remains at a not to exceed amount of $75,000,000, inclusive of the pre -construction fee;
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. The City Manager is authorized{1 } to execute Amendment No. 1 to the Construction
Manager at Risk Agreement, in substantially the attached form, with Suffolk Construction Company,
Inc., for the provision of additional pre -construction services for the Stadium Site Parking Project, 6-
30648, in an amount not to exceed $165,000, from an original amount of $168,174, to an amount not
to exceed $333,174, with funds allocated from Award No. 1420 -Miami Sports and Exhibition Authority
Contribution to Capital, to be offset by a reduction in the construction phase fee, resulting in no change
to the approved GMP amount of $75,000,000, inclusive of the pre -construction fee.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS&e
JULIE 0. BRU -
CITY ATTORNEY V
Footnotes:
City of Miami Page 2 of 3 File Id: 10-00262 (Version: 1) Printed On: 312/2010
File Number 10-00262
{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.
Cite of Miamii Page 3 of 3 File Id. 10-00262 (Version: 1) Printed On: 312/2010