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Cit of Miami
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Legislation
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Resolution
File Number: 10-00755
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO
THE CONSTRUCTION MANAGER AT RISK AGREEMENT, WITH SUFFOLK
CONSTRUCTION COMPANY, INC. ("SUFFOLK"), FOR THE STADIUM SITE
PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM;
AUTHORIZING THE CITY OF MIAMI TO AMEND THE LIMITED NOTICE TO
PROCEED ISSUED TO SUFFOLK BY INCREASING THE AUTHORIZED
EXPENDITURES IN THE LIMITED NOTICE TO PROCEED BY $20,000,000,
PREVIOUSLY AUTHORIZED AT $3,000,000, FOR A TOTAL OF $23,000,000 OF
THE APPROVED GUARANTEED MAXIMUM PRICE OF $73,000,000 ("GMP"),
RESULTING IN NO CHANGE TO THE GMP, PRIOR TO THE SALE OF THE
SPECIAL OBLIGATION PARKING REVENUE BONDS FOR CONSTRUCTION
SERVICES; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS
PROJECT NOS. B-30648 AND B -30153J.
WHEREAS, on January 14, 2010, the City Commission adopted Resolution No. 10-0003,
confirming the award to Suffolk Construction Company, Inc. ("Suffolk") pursuant to Request for
Proposals No. 08-09-056 issued July 2, 2009 and authorizing the City of Miami ("City") to enter into a
Construction Manager at Risk Agreement with Suffolk ("Agreement"), for the provision of construction
management at risk services for the Stadium Site Parking Project ("Project"), providing for 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 GMP did not exceed
$75,000,000; and
WHEREAS, in order to expedite the Project, on March 11, 2010, the City Commission adopted
Resolution No. 10-0105 authorizing the City Manager to execute Amendment No. 1 to the Agreement,
allowing certain services to be moved forward into the pre -construction phase of the Project and
authorizing an increase in the fee of the pre -construction services to an amount not to exceed
$333,174, providing that the GMP did 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 ("Bonds") and the issuance of a Notice to
Proceed for the construction phase is not to take place until the sale of the Bonds; and
WHEREAS, in order to remain on schedule for completion of the Project by the December, 2011
City of Miami Page I of 2 File Id: 10-00755 (Version: 1) Printed On: 6/1412010
File Number: 10-00755
completion date, the City Commission adopted Resolution No. 10-0172 authorizing the City Manager
to execute Amendment No. 2 to the Agreement, allowing the City to issue a limited Notice to Proceed
prior to the sale of the Bonds, for an amount not to exceed $3,000,000 of the GMP, to allow Suffolk to
begin performance of certain construction services; and
WHEREAS, to remain on schedule for the completion of the Project, the City requires an
amendment to the limited Notice to Proceed, allowing for an increase in the expenditures allowed by
the limited Notice to Proceed in the amount of $20,000,000, for a not to exceed amount of
$23,000,000; and
WHEREAS, a comprehensive Notice to Proceed for the remainder of the Construction Work, may
only be issued upon sale of the Bonds; and
WHEREAS, the additional expenditure of $20,000,000 authorized by the amended limited Notice to
Proceed does not affect the GMP, which is approved at $73,000,000; and
WHEREAS, funds are to be allocated from Capital Improvements Project Nos. B-30648 and B -
30153J;
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. 4 to the Agreement with
Suffolk, in substantially the attached form, authorizing the City to amend the limited notice to proceed
by increasing the authorized expenditures in the limited notice to proceed by $20,000,000, previously
authorized at $3,000,000, for a total of $23,000,000 of the approved guaranteed maximum price of
$73,000,000 ("GMP"), resulting in no change to the GMP, prior to the sale of the Bonds, for
construction services, with funds allocated from Capital Improvements Project Nos. B-30648 and B -
30153J.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS/
JULIE O. BRU
CITY ATTORNEY
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.
Cit), of Miami Page 2 of 2 File Id: 10-00755 (Version: 1) Printed On: 611412010