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Resolution
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 06-01556 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, 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" ("PROJECT"), TO AUTHORIZE THE
CONSTRUCTION WORK FOR STAGE II OF THE PROJECT, AS DEFINED ANO
CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED
$8,900,000, INCREASING THE GUARANTEED MAXIMUM PRICE OF THE
AGREEMENT FROM $5,060,000 TO AN AMOUNT NOT TO EXCEED $13,960,000;
ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $5,693,319, FOR
FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO.
B-30295, AND $1,183,681, FOR FISCAL YEAR 2006-2007, FROM CEP NO.
8-30295, WITH THE REMAINING BALANCE OF $2,023,000, FROM OTHER
FUNDING SOURCES INCLUDING THE MIAMI-DADE COUNTY GENERAL
OBLIGATION BONDS AND OTHER SOURCES AS MAY BECOME AVAILABLE.
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 ("CM@Risk"), 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, adopted November 17, 2005, authorized the design and
construction work for Stage I of the Project, and the execution of an amendment to the Agreement to
add the provision of Stage 1 services, upon the parties reaching an agreement on the GMP for Stage
1 construction services; and
WHEREAS, the GMP for Stage 1 of the Project was negotiated as an amount not to exceed
$5,060,000, and Amendment No. 1, dated September , 2006 authorized Stage 1 construction
work; and
WHEREAS, the Agreement further authorized the parties to execute and amendment thereto, to
add the provision of Sate 2 services, upon the parties reaching an agreement on the GMP for Stage 2
construction services; and
WHEREAS, the GMP for Stage 2 services has been negotiated to be an amount not to exceed
$8,900,000 and Stage 2 work is ready to begin; and
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Fife Number: 06-01556
WHEREAS, it is necessary to execute Amendment No. 2 to authorize Stage 2 construction work
and payment of the GMP for the Stage2 work in an amount not to exceed $8,900,000; and
Whereas, Amendment No. 2 will increase the total contract amount by $8,900,000-from
$5,060,000 to an amount not to exceed $13,960,000; and
WHEREAS, funding in the amount of $5,693,319 is currently available for Stage 2 construction
work from Capital Improvement Project ("CIP") No. B-30295 and-$1,183,681 is available from the
Fiscal Year 2006-2007 budget with the remaining balance of $2,023,000 from other funding sources
including the Miami- Dade County General Obligation Bonds and other funds as they may become
available;
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.2 to the Agreement,
in substantially the attached form, to authorize the construction work for Stage 2 of the Little Haiti Park
Cultural Center Project and the payment of a GMP for said Stage 2 construction services in an amount
not to exceed $8,900,000, increasing the total contract amount from $5,060,000 to $13,960,000.
Section 3. Funding in the amount of $5,693,319 is currently available for payment of Stage 2
services from Capital Improvement Project.("CIP" )_No. B-3.0295 and $1,183,68.1_ is available from the_
fiscal Year 2006-2007 budget with the remaining balance of $2,023,000 from other funding source s
including the Miami -Dade County General Obligation Bonds and other funds as they may become
available
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
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File Number: 06-01556
(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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