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HomeMy WebLinkAboutCRA-R-04-0025 LEGISLATION AND ATTACHMTSCity of Miami Legislation CRA Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-01323 Final Action Date: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONSTRUCTION BUDGET FOR THE RENOVATION OF JUST RIGHT BARBER SHOP, AT 1133 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, IN THE AMOUNT OF $71,000; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A GUARANTEED MAXIMUM PRICE AMENDMENT TO THE CONSTRUCTION MANAGER -AT -RISK CONTRACT WITH DESIGN -BUILD INTERAMERICAN, INC. ("DBI"), IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $ 184,048.25, FOR THE RENOVATION OF JUST RIGHT BARBER SHOP; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXPEND BUDGETED FUNDS FOR: 1) DBI'S PRE -CONSTRUCTION SERVICES, IN AN AMOUNT NOT TO EXCEED $10,000; 2) FOR FURNITURE, FIXTURES, AND EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $30,000; AND 3) FOR OTHER REIMBURSABLE EXPENSES OF THE CONTRACTOR, INCLUDING, BUT NOT LIMITED TO, PERMIT FEES, BONDS, INSURANCE, IMPACT FEES, AND CONTINGENCIES, IN AN AMOUNT NOT TO EXCEED $32,951.75; FUNDS TO BE ALLOCATED FROM SEOPW TIF FUND, "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 89001.550108.6.860. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects in accordance with its Redevelopment Plan; and WHEREAS, as part of the redevelopment of the third avenue business corridor, the Board of Directors by Resolution No. SEOPW/CRA R-04-47, passed and adopted on June 28, 2004, authorized execution of a restated grant agreement for the renovation of Just Right Barber Shop (the "Project"), at 1133 Northwest 3rd Avenue, Miami, Florida and approved a construction budget of $186,000; and WHEREAS, the Project construction budget must be increased in the amount of $71,000 due to: 1) increases in the cost of materials in the two years since the original construction estimate was prepared; 2) loss of economies of scale when the adjacent restaurant tenant withdrew from its grant; 3 ) costs associated with complying with the requirements of the American with Disabilities Act and accessibility provisions of the South Florida Building Code; 4) costs associated with bringing the electrical service for other tenants of the building into compliance with the National Electrical Code as required by permitting authorities; and 5) painting of the exterior of the building to avoid patchwork repairs; and WHEREAS, the renovation of Just Right Barber Shop was one of three projects designated in the Request for Qualifications for Construction Manager -at -Risk Services, RFQ No. 2001-12, issued by the CRA on December 31, 2001; and City of Miami Page 1 of 2 Printed On: 12/2/2004 File Number: 04-01323 WHEREAS, Design -Build Interamerican, Inc. ("DBI") was selected to provide construction manager -at -risk services and, pursuant to Resolution No. SEOPW/CRA 02-38, passed and adopted on February 25, 2002, the CRA entered into a Construction Manager -at Risk Agreement with DBI; and WHEREAS, the CRA, in conjunction with T.Y. Lin International/H.J. Ross, has negotiated a final Guaranteed Maximum Price ("GMP") for the Project with DBI in an amount not to exceed $184, 048.25; and WHEREAS, in addition to the GMP, there are other Project costs consisting of DBI's pre - construction services, in an amount not to exceed $10,000; furniture, fixtures, and equipment, in an amount not to exceed $30,000; and reimbursable expenses of the contractor, including, but not limited to, permit fees, bonds, insurance, impact fees, and contingencies in an amount not to exceed $32,951. 75; and WHEREAS, the Board of Directors wishes to authorize an increase in the construction budget for the Project in the amount of $71,000; to authorize the Executive Director to execute a GMP Amendment for the Project in an amount not to exceed $184,048.25; and to authorize the executive director to expend budgeted funds for pre -construction services, furniture, fixtures, equipment, and reimbursable expenses of the contractor; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORI DA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors authorizes an increase in the construction budget for the Project in the amount of $71,000. Section 3. The Executive Director is authorized to execute a Guaranteed Maximum Price Amendment to the Construction Manager -at -Risk Contract with Design -Build Interamerican, in substantially the attached form, in an amount not to exceed $184,048.25, for renovation of Just Right Barber Shop. Section 4. The Executive Director is further authorized to expend funds for: DBI's pre - construction services, in an amount not to exceed $10,000; for furniture, fixtures, and equipment, in an amount not to exceed $30,000; and for other reimbursable expenses of the contractor, including, but not limited to, permit fees, bonds, insurance, impact fees, and contingencies in an amount not to exceed $32,951.75. Section 5. Funds are to be allocated from SEOPW TIF Fund, "Construction in Progress," Account Code No. 89001.550108.6.860. Section 6. This Resolution shall become effective immediately upon its adoption. APPVE(DAS TO FORM AND CORRE ESS: JOI( GEN =ERNANDEZ COUNSEL City of Miami Page 2 of 2 Printed On: 1212/2004 EXHIBIT A CONSTRUCTION MANAGER -AT -RISK AGREEMENT GMP AMENDMENT THIS GMP AMENDMENT, made and entered into this 14th day of December, 2004, amends that certain Master Agreement between THE SOUTHEAST OVERTOWN!PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, (the "CRA"), and DESIGN -BUILD INTERAMERICAN, INC., a Florida corporation (the "CONSTRUCTION MANAGER -AT -RISK" (CM)), dated the 21 st day of August 2002, for the following described project: Just Right Barber Shop. WHEREAS, the CRA and the Construction Manager have agreed to amend the Agreement in the manner set forth herein, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CRA and the Construction Manager do hereby agree as follows: 1. This GMP Amendment is executed in connection with, and is deemed to be a part of the Master Agreement and the Contract Documents. Wherever the terms of this GMP Amendment and the terms of the Contract Documents are in conflict, the terms of this GMP Amendment shall govern and control. The terms used herein, unless otherwise defined in this GMP Amendment, shall have the meanings ascribed to them in the Contract Documents. 2. The following are hereby incorporated into the Contract Documents and made part thereof a. The Project drawings. b. The Project specifications. c. Additional contract documents (incl. scope of the work for the Project). d. List of onsite management! supervisory personnel. e. Construction Schedule. f. Schedule of Values. g. The date of commencement for the construction of the Project shall be on or about January 3, 2004. The actual date shall be noted in the Notice to Proceed. h. The Construction Manager shall achieve Substantial Completion of the entire Work for this Project not later than days from the Date of Commencement (the "Contract Time"), and final completion not later than 30 days from the date of Substantial Completion. Failure to meet either the Substantial Completion or Final Completion dates shall be a material breach of this Agreement. EA:GMP BBI-Just Right.doe Page 1 of 4 3. The CRA and the Construction Manager acknowledge and agree that the CRA will suffer damages if the Construction Manager fails to achieve Substantial Completion of the entire Work for this Project as defined in the Contract Documents on or before the expiration of the Contract Time, which damages are difficult, if not impossible, to ascertain with any degree of certainty. Accordingly, if the Construction Manager fails to achieve Substantial Completion of the entire Work for this Project on or before the expiration of the Contract Time, liquidated damages (which are not intended as a penalty) in the amount of $100.00 per day shall be assessed against the Construction Manager. This will occur by virtue of the Construction Manager's failure to achieve Substantial Completion of the Project within the Contract Time. The Construction Manager shall not be responsible for delays caused by factors beyond the Construction Manager's control, including but not limited to acts of God, terrorism, or riots. 4. The Guaranteed Maximum Price for the Project is hereby guaranteed by the Construction Manager not to exceed the sum of One Hundred Eighty -Four Thousand Forty -Eight Dollars and Twenty -Five Cents ($184,048.25), (the "Project GMP") based upon the entire Scope of the Work as described in the Contract Documents, including, but not limited to, the Drawings and the Specifications, subject only to additions and deductions by Change Order or Construction Change Directive, as provided in the Contract Documents. The GMP is more particularly itemized in the Schedule of Values prepared in accordance with the terms of the Agreement, which Schedule of Values is attached hereto and made a part of the Contract Documents by this reference. Included in the Schedule of Values and specifically identified herein, the contingency included in this guarantee maximum price is the amount of $10,000. 5. The Construction Manager shall provide Commercial General Liability Insurance, Automobile Liability Insurance, Worker's Compensation Insurance, Owner's and Contractor's Protective Liability Insurance (OCP) and Builder's Risk Insurance, in compliance with the provisions of the Master Agreement. 6. The Construction Manager shall provide the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond in compliance with the provisions of the Master Agreement. 7. By executing this GMP Amendment, the Construction Manager acknowledges that it has ascertained all correct locations for points of connection for all utilities, if any, required for this Project; and has identified all clarifications and qualifications for this Project, if any. 9. The Construction Manager's on -site management and supervisory personnel for this Project are set forth on Attachment IV, attached hereto and made a part hereof by this reference. 10. The Construction Schedule for this Project is set forth on Attachment V, attached hereto and made a part hereof by this reference. EA:GMP DBI-Just Right.doc Page 2 of 4 11. Except as expressly provided herein above, all of the terms, conditions, covenants, agreements and understandings contained in the Contract Documents shall remain unchanged and in full force and effect, and the same are hereby expressly ratified and confirmed by the CRA and the Construction Manager. 12. This Amendment may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above. WITNESS: DESIGN -BUILD INTERAMERICAN, INC., a Florida corporation, ("Construction Manager -At - Risk" (CM)) By: By: Manuel Leon-Petisco President ATTEST: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: By: Print Frank K. Rollason Executive Director APPROVED AS TO FORM APPROVED AS TO INSURANCE AND CORRECTNESS REQUIREMENTS By: By: Jorge L. Fernandez Dania F. Carrillo City Attorney Risk Management Administrator EA:GMP DBI-Just Right.doc Page 3 of 4 ATTACHMENTS TO GMP AMENDMENT ATTACHMENT i CONTRACT DOCUMENTS - THE DRAWINGS ATTACHMENT II CONTRACT DOCUMENTS - THE SPECIFICATIONS (Specifications are on the Plans) ATTACHMENT III CONTRACT DOCUMENTS - ADDITIONAL CONTRACT DOCUMENTS ATTACHMENT IV ON -SITE MANAGEMENT AND SUPERVISORY PERSONNEL ATTACHMENT V CONSTRUCTION SCHEDULE ATTACHMENT VI SCHEDULE OF VALUES ATTACHMENT VII AUTHORIZING RESOLUTION EA:GMP DBI-Just Right.doc Page 4 of 4