HomeMy WebLinkAboutR-11-0448City of Miami
Legislation
Resolution: R-11-0448
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00751 Final Action Date: 10/27/2011
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
WHEREAS, on June 24, 2010, the City Commission adopted Resolution Nos. 10-0271 and 10-
City of Miami
Page 1 of 3 File Id: 11-00751 (Version: 1) Printed On: 10/20/2017
File Number: 11-00751 Enactment Number: R-11-0448
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: 10/20/2017
File Number: 11-00751 Enactment Number: R-11-0448
Capital Improvements Project No. B-30648.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2}
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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