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HomeMy WebLinkAboutR-05-0517City of Miami Legislation Resolution: R-05-0517 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00897 Final Action Date: 9/8/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION OF CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MCM CORPORATION AND THE RELATED GROUP OF FLORIDA, INC., FOR THE PROJECT ENTITLED "FLAGLER MARKETPLACE STREETSCAPE PROJECT (2ND BIDDING)," PROJECT B-40667, SPECIFICALLY FOR THE PORTION OF WORK ALONG THE NORTH SIDE OF FLAGLER STREET BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 3RD AVENUE, MIAMI, FLORIDA. WHEREAS, pursuant to Resolution No. 04-0782, adopted December 9, 2004, the City Commission accepted the bid of MCM Corporation ("Contractor") for the project entitled "Flagler Marketplace Streetscape Project (2nd Bidding)," Project B-40667 ("Project"), in an amount not to exceed $9,112,046.50, from Capital Improvements Project Nos. 341139, 341140 and 341184; and WHEREAS, the Related Group of Florida, Inc. ("Developer") is to construct the "50 Biscayne" residential and retail development within a portion of the Project limits now under construction with the Contractor; and WHEREAS, as a result of a coordination meeting between City of Miami ("City") staff, the Contractor and the Developer, it was determined that it is in the best interest of all parties to execute the Assignment and Assumption of Construction Agreement ("Agreement") to allow the Developer to complete the portion of the Project that borders the Developer's new development on Flagler Street from Biscayne Boulevard to Northeast 3rd Avenue, Miami, Florida; and WHEREAS, this assignment of work will save money by eliminating the duplication of work by the Contractor and the Developer and this effort will also prevent the mobilization and potential conflicts of two contractors working in the same area; and WHEREAS, the City, through the Contractor, will provide the granite paver materials necessary to construct the improvements and the Developer will construct the improvements when it is ready, at its own cost; and WHEREAS, the City Manager requests authorization to execute an Agreement, in substantially the attached form, to allow the assignment of work to the Developer; and WHEREAS, the attached Agreement provides for the Developer to furnish insurance and bonds for the assigned work and for the City to withhold issuance of a certificate of occupancy if the assigned work is not completed within 30 months; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 2 File Id: 05-00897 (Version: 11 Printed On: 11/29/2016 File Number: 05-00897 Enactment Number: R-05-0517 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 an Agreement, in substantially the attached form, with the Contractor and the Developer, for the Project, specifically for the portion of work along the north side of Flagler Street between Biscayne Boulevard and Northeast 3rd Avenue, Miami, Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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. City of Miami Page 2 of 2 File Id: 05-00897 (Version: 11 Printed On: 11/29/2016