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Resolution
File Number: 06-01899
City Hail
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE "CONSTRUCTION
MANAGER AT RISK AGREEMENT" DATED JANUARY 3, 2006, WITH JAMES B.
PIRTLE CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF
CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE "JOSE MARTI
GYMNASIUM PROJECT NO. B-35857," TO AUTHORIZE THE CONSTRUCTION
WORK FOR STAGE 2 OF THE PROJECT, AS DEFINED AND CONTEMPLATED
IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $6,380,000,
INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT
FROM $4,060,000, TO AN AMOUNT NOT TO EXCEED $10,440,000;
ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $4,333,300, FOR
FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO.
B-35857, AND $2,046,700 FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-35857
CONSISTING OF VARIOUS FUNDING SOURCES.
WHEREAS, pursuant to Resolution No. 05-0666; adopted November 17, 2005, the City of Miami
and James B. Pirtle Construction Company, doing.business as Pirtle Construction Company, entered
into a Construction Manager at Risk Agreement ( Agreement") dated January 3, 2006, for the
provision of construction manager at risk services ("Services") for "Jose Marti Gymnasium Project No.
B-35857 ("Project"); and
WHEREAS, the Agreement established a two -staged process for completing the construction of
the Project, utilizing a Guaranteed Maximum Price ("GMP") for each stage; and
WHEREAS, Resolution No. 05-0688, adopted November 17, 2005, authorized the design and
construction work for Stage I of the Project and further authorized an amendment to the Agreement to
add the provision of Stage 1 services, upon the parties reaching an agreement on the GMP for Stage
1 construction services; and
WHEREAS, the GMP for Stage 1 of the Project has been negotiated as an amount not to exceed
$4,060,000 and Amendment No. 1, dated October 27, 2006, authorized Stage 1 construction work;
and
WHEREAS, the Agreement further authorized the parties to execute an amendment, to add the
provision of Stage 2 services, upon the parties reaching an agreement on the GMP for Stage 2
construction services; and
WHEREAS, the GMP for Stage 2 work has been negotiated to be an amount not to exceed
$6,380,000 and Stage 2 work is ready to begin; and
WHEREAS, it is necessary to execute Amendment No. 2 to authorize Stage 2 construction work
City of Miami Page 1 of 2 Printed On: 10/27/2006
File Number: 06-01899
and payment of the GMP for the Stage 2 work in an amount not to exceed $6,380,000; and
WHEREAS, Amendment No. 2 will increase the total contract amount by $6,380,000 from
$4,060,000 to an amount not to exceed $10,440,000; and
WHEREAS, funding in the amount of $4,333,300, is currently available for Stage 2 construction
work from Capital Improvement Project ("CIP") No. B-35857 and the remaining balance of $2,046,700
is available on October 1, 2006 for Fiscal Year 2006-2007 from CIP No B-35857 consisting of various
funding sources.
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. 2 to the Agreement, in
substantially the attached form, to authorize the construction work for Stage 2 of the Jose Marti
Gymnasium Project and the payment of a GMP for said Stage 2 construction services in an amount
not to exceed $6,380,000, increasing the total contract amount from $4,060,000 to $10,440,000.
Section 3. Funding in the amount of $4,333,300, is currently available for payment of. Stage 2
services from Capital Improvement Project ("CIP") No. B-35857 with the remaining balance of
$2,046,700, available on October 1, 2006 for Fiscal Year 2006-2007 from CIP No B-35857 consisting
of various funding sources.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor: {2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ; j
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.
City of Miami Page 2 of 2 Printed On: 10/27/2006