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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00088 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4, 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 EXTERIOR REFURBISHING OF THE HAITIAN
MARKETPLACE, IN AN AMOUNT NOT TO EXCEED $226,687, CONSISTING OF
THE PROPOSED $197,119, PLUS A $29,568, OWNER'S CONTINGENCY,
THEREBY INCREASING THE GUARANTEED MAXIMUM PRICE OF THE
AGREEMENT FROM $14,160,000, TO AN AMOUNT NOT TO EXCEED
$14,386,687; 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 as 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, pursuant to Resolution No. 07-0583, adopted October 11, 2007, Amendment No. 3
was approved authorizing a change in scope and the related fees for the purchase of additional
artworks and the management of additional work in an amount not to exceed $200,000; and
WHEREAS, exterior refurbishing of the Haitian Marketplace was contemplated in the original
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File Number: 08-00088
scope, however, was not included in the final scope due to a lack of funding at that time; and
WHEREAS, funding is now available and it has since been determined that the existing scope
should be expanded to include the exterior refurbishing of the Haitian Marketplace ("Additional Work");
and,
WHEREAS, Amendment No. 4, attached and incorporated, requests an increase to the contract
amount by $226,687, consisting of the proposed $197,119, for the Additional Work, plus $29,568, as a
fifteen percent (15%) owner's contingency; and
WHEREAS, this increases the contract from $14,160,000, to a total not to exceed amount of
$14,386,687, due to the Additional Work; and
WHEREAS, funding in the amount of $226,687, 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. 4, in substantially the
attached form, to the Agreement, with Pirtle, for the provision Services, for the Project, to authorize
additional management services for exterior refurbishing of the Haitian Marketplace, in an amount not
to exceed $226,687, consisting of the proposed $197,119, plus a $29,568, owner's contingency,
thereby increasing the GNIP of the Agreement from $14,160,000, to an amount not to exceed
$14,386,687, 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}
APPRO EDAS TO FORM AND,RRECTNESS:
JORGE L.
CITY A T
FERNANDEZ
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.
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