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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01209 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 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 "LITTLE HAITI PARK CULTURAL
CENTER, PROJECT NO. B-30295," TO AUTHORIZE ADDITIONAL
MANAGEMENT SERVICES FOR OVERSIGHT OF PROCUREMENT AND
INSTALLATION OF AN EXPANDED SELECTION OF ARTWORK, IN AN AMOUNT
NOT TO EXCEED $200,000, INCREASING THE GUARANTEED MAXIMUM
PRICE OF THE AGREEMENT FROM $13,960,000 TO AN AMOUNT NOT TO
EXCEED $14,160,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
PROJECT NO. B-30295.
WHEREAS, pursuant to Resolution No. 05-0688, adopted November 17, 2005, the City of Miami
("City") and James B. Pirtle Construction Company, Inc. doing business as Pirtle Construction
Company ("Pirtle") entered into a Construction Manager at Risk Agreement dated January 3, 2006
("Agreement"), for the provision of construction manager at risk services ("Services") for the Little Haiti
Park Cultural Center, Project No. B-30295 ("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 authorized the design of the Project and construction work for
Stage I of the Project upon the parties reaching an agreement on the GMP for Stage 1 construction
services and execution of a GMP amendment for Stage 1; and
WHEREAS, the GMP for Stage 1 of the Project was negotiated at an amount not to exceed
$5,060,000, and GMP Amendment No. 1, dated October 27, 2006 authorized Stage 1 construction
work; and
WHEREAS, the GMP for Stage 2 of the Project was negotiated at an amount not to exceed
$8,900,000, and GMP Amendment No. 2, dated July 12, 2007, authorizing Stage 2 construction work,
was authorized pursuant to Resolution No. 06-0667, adopted November 9, 2006; and
WHEREAS, the Agreement contemplated that Pirtle would manage the procurement and
installation of artwork at the Project and it has been determined that the existing scope should be
expanded to include the procurement and installation of multiple works of art ("Additional Work"); and
WHEREAS, it is now necessary to execute Amendment No. 3 to authorize the change in scope
and the related fees for the purchase of the additional artworks and the management of the Additional
Cio, of Miami
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File Number: 07-01209
Work in an amount not to exceed $200,000; and
WHEREAS, Amendment No. 3 will increase the total contract amount by $200,000 from
$13,960,000 to an amount not to exceed $14,160,000; and
WHEREAS, funding in the amount of $200,000, is currently available from Capital Improvement
Project ("CIP") No. B-30295;
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 to the Agreement,
in substantially the attached form, for the procurement and installation of the Additional Work at the
Project, in an amount not to exceed $200,000, consisting of payment of a 5% management fee not to
exceed $10,000 and the balance for the purchase or artworks, increasing the total contract amount
from $13,960,000 to $14,160,000, with funds allocated from CIP No. B-30295.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE
CITY A
R'NANDEZ+,'``
O NEY lU�
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
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