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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00751 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REMEDY THE STRUCTURAL DEFICIENCIES WITHIN THE FOUR PARKING GARAGES CAUSED BY DESIGN ERRORS OR OMISSIONS, INCREASING THE AGREEMENT BY $2,500,000, FROM AN ORIGINAL $73,000,000, TO A TOTAL NOT TO EXCEED GUARANTEED MAXIMUM PRICE OF $75,500,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30648. WHEREAS, on January 14, 2010, the City Commission adopted Resolution No. 10-0003, confirming the award to Suffolk Construction Company, Inc. ("Suffolk") pursuant to Request for Proposals No. 08-09-056 issued July 2, 2009 and authorizing the City of Miami ("City") to enter into a Construction Manager at Risk Agreement with Suffolk ("Agreement"), for the provision of construction management at risk services for the Stadium Site Parking Project ("Project"), providing for an amount not to exceed $168,174, for pre -construction services; and WHEREAS, Resolution No. 10-0003 further authorized the City Manager to execute the Agreement without further City Commission approval, accepting an Initial Guaranteed Maximum Price ("IGMP"), and a Final Guaranteed Maximum Price ("GMP") in an amount not to exceed $75,000,000, inclusive of the fee for pre -construction services of $168,174, providing that the GMP did not exceed $75,000,000; and WHEREAS, in order to expedite the Project, on March 11, 2010, the City Commission adopted Resolution No. 10-0105, authorizing the City Manager to execute Amendment Number 1 to the Agreement, allowing certain services to be moved forward into the pre -construction phase of the Project and authorizing an increase in the fee of the pre -construction services to an amount not to exceed $333,174, providing that the GMP did not exceed $75,000,000; and WHEREAS, pursuant to Resolution No. 10-0003, the construction funds are to be allocated from the sale of Special Obligation Parking Revenue Bonds ("Bonds") and the issuance of a Notice to Proceed for the construction phase is not to take place until the sale of the Bonds; and WHEREAS, in order to remain on schedule for completion of the Project by the December, 2011 completion date, the City Commission adopted Resolution No. 10-0172 authorizing the City Manager to execute Amendment Number 2 to the Agreement, allowing the City to issue a limited Notice to Proceed prior to the sale of the Bonds, for an amount not to exceed $3,000,000 of the GMP, to allow Suffolk to begin performance of certain construction services; and City of Miami Page 1 of 3 File Id: 11-00751 (Version: 1) Printed On: 8/17/2011 File Number: 11-00751 WHEREAS, on June 24, 2010, the City Commission adopted Resolution Nos. 10-0271 and 10- 0273, authorizing Amendments Number 3 and Number 4, respectively; and WHEREAS, Amendment Number 3 established the GMP amount of $73,000,000, including an Owner Contingency_of $1,810,970, Owner. allowances_of $3,550,834, a Construction Manager's Fee of $1,825,000, General Condition expenses $3,470,843, a trench safety allowance; and other provisions relating to payments and damages and increased the current Community Small Business Enterprise ("CSBE") participation goal from 15% to 26%, and provides for an incentive program for which the City shall pay the Construction Manager an additional $10,000 for each percentage point of CSBE participation above 30%, up to a total not to exceed incentive payment of $100,000, which shall be paid from the Owner's Contingency and which shall not cause the final GMP to be increased beyond $73,000,000; and WHEREAS, to remain on schedule for the completion of the Project, the City executed Amendment Number 4, which amended the Limited Notice to Proceed, allowing for an increase in the expenditures allowed by the Notice to Proceed in the amount of up to $15,000,000, for a total not to exceed amount of up to $18,000,000 of the approved GMP; and WHEREAS, among other things, Resolution No. 10-0271 authorized the City Manager to negotiate a Community Workforce Program ("CWP") Incentive Payment, in an amount not to exceed $50,000, which incentive payment will not cause an increase in the GMP and enter into an amendment to the Construction Manager at Risk Agreement with no further City Commission action embodying the CWP incentive payment; and WHEREAS, on February 15, 2011, the City executed Amendment Number 5 establishing the CWP Incentive Payment; and WHEREAS, this Amendment Number 6 increases the Agreement by $2,500,000, from an original $73,000,000, to a total not to exceed GMP of $75,500,000; and WHEREAS, said increase is necessary in order to remedy the structural deficiencies within the four parking garages caused by design errors or omissions; and WHEREAS, funds are to be allocated from Capital Improvements Project No. B-30648; and WHEREAS, the City will be reimbursed for the costs associated with the structural repairs of the garages by the designer's professional liability insurance, such reimbursement to occur upon final completion of the remediation work; 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 Number 6 to the Agreement with Suffolk, in substantially the attached form, to remedy the structural deficiencies within the four parking garages caused by design errors or omissions, increasing the agreement by $2,500,000, from an original $73,000,000, to a total not to exceed GMP of $75,500,000, with funds allocated from City of Miami Page 2 of 3 File Id: 11-00751 (Version: 1) Printed On: 8/17/2011 File Number: 11-00751 Capital Improvements Project No. B-30648. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU 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 3 of 3 File Id: 11-00751 (Version: 1) Printed On: 8/17/2011