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Resolution
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 06-01696 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE CONSTRUCTION
CONTRACT DATED DECEMBER 10, 2004, WITH MCM CORPORATION, FOR
THE PROJECT ENTITLED "FLAGLER STREET MARKETPLACE STREETSCAPE,
B-40667," TO PROVIDE ADDITIONAL CONSTRUCTION SERVICES, IN AN
AMOUNT NOT TO EXCEED $749,305.78, INCREASING THE CONTRACT FROM
$11,159,520.68 TO $11,908,826.46; ALLOCATING FUNDS, FOR SAID INCREASE,
FROM CAPITAL IMPROVEMENTS PROJECT NO. B-40667.
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 Street
Marketplace Streetscape, B-40667" ("Project"), in an amount not to exceed $9,112,046.50; and
WHEREAS, pursuant to Resolution No. 05-0516, adopted September 8, 2005, the City
Commission approved revisions to the contract language in order to permit the assignment of work as
necessary for coordination of efforts to save money and avoid duplication work efforts; and
WHEREAS, pursuant to Resolution No. 05-0738, adopted December 15, 2005, the City
Commission approved additional work for hidden/unforeseen conditions, increasing the contract to a
not to exceed amount of $11,159,520.68; and
WHEREAS, the Project is ongoing with expected substantial completion by the end of 2006; and
WHEREAS, additional hidden/unforeseen conditions must be resolved in order to complete the
project, including: construction/mitigation of 7 foundations for mast arms, one mast arm refabrication,
and the relocation of landscaping due to major underground utility conflicts; and
WHEREAS, the current remaining contract balance is not sufficient to cover the costs for said
additional services; and
WHEREAS, the Department of Capital Improvements and Transportation has negotiated the
scope and cost for the additional work as an amount not to exceed $681,187.07; and
WHEREAS, Amendment No. 3 is required to authorize the additional work and the related fees;
and
WHEREAS, Amendment No. 3 will increase the contract authority by $749,305.78, from
$11,159,520.68, to an amount not to exceed $11,908,826.46, consisting of $681,187.07, for services
plus a $68,118.71, owner's contingency; and
WHEREAS, funds for the additional professional services will be allocated from Capital
City of Miami Page 1 of 2 Printed On: 9/27/2006
File Number: 06-01696
Improvement Project ("CIP") No. B-40667;
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. 3, in substantially the
attached form, to the construction contract dated December 10, 2004, with the Contractor, for the
Project, to provide additional construction services, in an amount not to exceed $749,305.78,
increasing the contract from $11,159,520.68 to $11,908,826.46, with funds allocated, for said
increase, from CIP No. B-40667.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APP OVED AS TO FORM AND CORRECTNESS:
OR E L. FERNANDEZ
CI' ATT{)RNEY
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 Printed On: 9/27/2006