HomeMy WebLinkAboutRevised Agenda PackageCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Distribution List Below
FROM:
Capital Improvements & Transportation
DATE: September 8, 2006
SUBJECT: Revised Agenda Item
REFERENCES: September 12th Commission
Meeting
ENCLOSURES:
Please find attached a revised Agenda package for the following item scheduled for the September 12th
Commission meeting:
RE.6: Pirtle -Little Haiti Park Cultural Center
The original item package should be removed and completely replaced.
Thank you.
Distribution List:
Mayor Manuel A. Diaz
Commissioner Angel Gonzalez
Commissioner Linda Haskins
Commissioner Tomas P. Regalado
Commissioner Joe M. Sanchez
Commissioner Michelle Spence -Jones
Pedro G. Hernandez, City Manager
Jorge L. Fernandez, City Attorney
City Clerk's Ohs
Agenda Office''(2 copies)
Mary Conway, Chief Operating Officer
Gary Fabrikant, Assistant Director, CIT
Roger Hatton, Project Manager, CIT
Alisha Alfonso, Litigation Assistant
AGENDA ITEM SUMMARY FORM
FILE ID: r; -0I5 S'
Date 8/15/2006 Requesting Depart1) t: ' - T
Commission Meeting Date: 9/12/06 District(s) Impacted: 01 02 03 04 ®5
Type: ►4 Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item n Other
Subject: Resolution to approve Amendment No. 1 to the Agreement with Pirtle Construction Company
for Stage II work at the Little Haiti Park Cultural Center.
Purpose of Item:
To authorize the City Manager to execute Amendment No. 1 to the existing "Construction Manager at
Risk Agreement" with James B. Pirtle Construction Company, Inc., d/b/a Pirtle Construction
Company for continued construction management services for the Little Haiti Park Cultural Center,
Project No. B-30295. The amendment will authorize continued work and increase the contract value
by $8,900,000 for a total contract amount not to exceed $13,960,000.
Background Information:
Pursuant to Resolution No. 05-0688, approved on November 17, 2005, the City Commission
authorized the City Manager to execute a Construction Manager at Risk Agreement with Pirtle
Construction Company for the provision of construction management services for the "Little Haiti
Park Cultural Center" in an amount not to exceed $5,060,000 consisiting of $60,000 for pre -
construction services and $5,000,000 as a Guaranteed Maximum Price ("GMP") for Stage I of
construction services. The resolution further authorized the City Manager to negotiate a GMP for
Stage II at the appropriate time and return to the Commission for approval. The GMP for Stage II
construction services has been negotiated as a not to exceed amount of $8,900,000. This amendment
authorizes acceptance of the GMP for Stage II and the related increase in contract value.
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: B-30295
YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP
If using or receiving
Grants
Purchasing
Chief 1
Final Approvals
(SIGN AND DATE)
Budget
N/A
N/A
Ri Management
Deptiirector
City Manager
FY 06: 5,693,319
FY 07: 1,183,681
AND 2,023,000
Page 1 of 1
Project Manager: Roger Hatton
City of Miami
Legislation
Resolution: R-05-0688
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01275 Final Action Date:11/17/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH PIRTLE CONSTRUCTION
COMPANY, FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE
"LITTLE HAITI PARK CULTURAL COMPLEX, PROJECT NO. B-30295," IN AN
AMOUNT NOT TO EXCEED $5,060,000, CONSISTING OF $60,000, FOR
PRE -CONSTRUCTION SERVICES AND A GUARANTEED MAXIMUM PRICE FOR
STAGE I OF CONSTRUCTION SERVICES AS DESCRIBED IN "EXHIBIT 1," IN AN
AMOUNT NOT TO EXCEED $5,000,000; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A GUARANTEED MAXIMUM PRICE FOR STAGE 1I
OF CONSTRUCTION SERVICES, SUBJECT TO SUBSEQUENT APPROVAL BY
THE CITY COMMISSION; ALLOCATING FUNDS FROM B-30295, CAPITAL
IMPROVEMENT PROJECT NO. 331412, FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") has established a capital improvement project to design and
construct a cultural center as part of Little Haiti Park, to be located at the intersection of Northeast 2nd
Avenue and Northeast 59th Street, Miami, Florida ("Project"); and
WHEREAS, the Project has been incorporated into the City's Capital Improvement Program and
Multi -year Plan as Project No. B-30295, entitled "Little Haiti Park Cultural Component;" and
WHEREAS, the Project will consist of a cultural arts building (black box theater), a community
center, courtyard, amenities and related sitework; and
WHEREAS, pursuant to Resolution No. 04-0786, adopted December 9, 2004, the City has
determined that this Project is best implemented using a construction management -at -risk approach,
with Pirtle Construction Company serving as the contractor and Zyscovich, Inc. ("Zyscovich"), as the
lead consultant of the design team; and
WHEREAS, the Department of Capital Improvements and Transportation ("Department") has
negotiated an Agreement ("Agreement") with Pirtle Construction Company, setting forth the terms and
conditions for the work to be provided by said firm and the fee for pre -construction services; and
WHEREAS, the Department will initially negotiate a guaranteed maximum price ("GMP") for Stage
I construction based on the completion of the pre -construction services and available funds; and
WHEREAS the Department will subsequently negotiate a guaranteed maximum price for Stage II
construction upon funds becoming available; and
WHEREAS, funds in the required amount are available for the preconstruction services and Stage
I construction from B-30295, Capital Improvement Project ("CIP") No. 331412; and
City of Miami Page 1 of 2 Printed On: 8/28/2006
File Number.- 05-01275 Enactment Number: R-05-0688
WHEREAS the Agreement also allows the City to execute an amendment to the Agreement with
Pirtle upon negotiation of a guaranteed maximum price for Stage I construction of the Project (at the
conclusion of the pre -construction services phase) and a subsequent amendment for Stage I1
construction, subject to the approval of the City Commission, and availability of funds;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of 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 an Agreement, in substantially the
attached form, with Pirtle Construction Company, for the provision of Construction Manager at Risk
Services for the construction of the "Little Haiti Park Cultural Component, Project No. B-30295," in an
amount not to exceed $5,060,000, consisting of $60,000, for pre -construction services, and a
guaranteed maximum price for Stage I of construction services as described in "Exhibit 1," in an
amount not to exceed $5,000,000, with funds allocated from CIP No. 331412, for said purpose.
Section 3. The City Manager is authorized{1} to negotiate a guaranteed maximum price for Stage
II of construction services subject to subsequent approval by the City Commission.
Section 4. 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.
City of Miami Page 2 of 2 Printed On: 8/28/2006
..Title
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", TO AUTHORIZE THE CONSTRUCTION WORK
FOR STAGE II OF THE PROJECT, AS DEFINED AND CONTEMPLATED IN THE
AGREEMENT, IN AN AMOUNT NOT TO EXCEED $8,900,000; THEREBY
INCREASING THE GUARANTEED MAXIMUM PRICE OF THE AGREEMENT FROM
$5,060,000 TO AN AMOUNT NOT TO EXCEED $13,960,000; FUNDING IS AVAILABLE
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 IS
AVAILABLE FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30295 WITH THE
REMAINING BALANCE OF $2,023,000 FROM PROJECT B-30295
..Body
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 authorized the design and construction work for
Stage I of the Project upon the parties reaching an agreement on the Guaranteed
Maximum Price (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 Amendment No. 1, dated September , 2006 authorized
Stage 1 construction work; and
WHEREAS, the Stage 2 GMP has been negotiated to be $8,900,000 and Stage 2 work
is ready to begin; and
WHEREAS, it is necessary to execute Amendment No. 2 to authorize Stage 2
construction work and payment of the GMP for the Stage2ll 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, from CIP No. B-30295
with the remaining balance of $2,023,000 from Project 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.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 Guaranteed
Maximum Price 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-30295 and $1,183,681
is available from the Fiscal Year 2006-2007 budget from CIP No. B-30295 with the
remaining balance of $2,023,000 from Project B-30295.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
PASSED AND ADOPTED THIS day of , 2006.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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.
GMP AMENDMENT TO AGREEMENT
BETWEEN THE CITY AND CONSTRUCTION MANAGER AT RISK CONTRACTOR
Pursuant to the Agreement dated , between the City and Pirtle Constructie
Company (CM) for the construction of STAGE 2 of the Little Haiti Cultural Center, the City and CM heret
agree to amend and modify by this Amendment and establish a Guaranteed Maximum Price (GMP) f(
Construction — STAGE 2 and time for completion of the Construction Phase as set forth below:
1 CM's GMP for the Construction Phase of the Work shall be Eight Million Nine Hundred Thousand and
00/100 ($8,900,000.00)
2 The Construction Manager's Fee for the Construction STAGE 2 of the Work is hereby established as a
lump sum amount of Six Hundred Forty Two Thousand Eight Hundred Forty Four and 00/100 ($642,844.00),
and said lump sum amount is included within the above stated GMP.
3 The General Conditions expenses for the Construction STAGE 2 of the Work are hereby established a
a lump sum amount of Five Hundred Thirteen Thousand Six Hundred Twenty Six and 00/100 ($513,626.00),
and said lump sum amount is included in the above stated GMP. CM acknowledges and agrees that the City
shall have no liability for any General Condition expenses beyond payment of the above noted lump sum and
CM agrees that it shall not be entitled to receive any additional compensation from the City for the General
Conditions beyond the lump sum amount unless expressly adjusted by a Change Order.
4 Monthly installment payments of the GMP shall be based upon the percentage of completion of the
portion of Work completed and accepted by the City for the preceding month.
5 Direct reimbursements allowed under the Agreement shall be made upon submission of proof of
payment by the CM.
6 The City has established a contingency fund in the amount of Seven Hundred Forty Five Thousand
Three Hundred Sixty Two and 00/100 ($745,362.00) for this project. The CM has no right or entitlement to the
contingency fund and use of such funds are subject to the prior written approval and issuance of a Change
Order by the City. Any contingency funds remaining at the completion of the Project will be credited from the
GMP.
7 If at the time final payment is made to the CM for the Construction STAGE 2 of the Work the total cost
has been increased by approved Change Orders in an amount causing the original GMP as set forth in this
Amendment to by exceeded by more than Fifty Thousand and 00/100 ($50,000.00), then the CM shall be
entitled to an increase in the Construction Manager's Fee in the amount of Fifteen percent 15%) of the amoun
exceeding the sum of Fifty Thousand and 00/100 ($ 50,000.00).
8 CM acknowledges that this Agreement includes Work for trench excavation and that the requirements
set forth in Section 553.63 of the Florida Statutes titled Trench Safety Act apply. CM certifies that the required
trench safety standards will be in effect during the Work.
9 The amount of Five Thousand and 00/100 ($5,000.00) has been separately identified for the cost of
compliance with the required trench safety standards and said amount is included within the GMP.
10 The Construction STAGE 2 commencement date (Commencement) for the Work is within 30 days. ThE
total time for performance of the Work from Commencement through the date required for Substantial
Completion is Four Hundred Twenty Five (425) days (Construction Time). The Substantial Completion date is
therefore established as 425 days from Commencement.
Little Haiti Park Cultural Center, B-30295 Page 1 Stage 2 GMP August 18, 2006
1 Pursuant to this Agreement, the parties have established a liquidated damages rate for reasons stated
therein, which the parties acknowledge and agree apply to this Amendment and CM responsibility to complete
the Work with the Construction Time. Accordingly, the liquidated damages rate established in the Agreement
shall be assessed from CM for each calendar day CM fails to achieve Substantial Completion for the
Construction Phase with in the Construction Time.
2 Except as modified herein, the term and conditions of the Agreement remain unchanged. In the event c
a conflict between the terms of this Amendment and those of the Agreement, the City and the CM agree that
the terms of this Amendment shall take precedence.
Little Haiti Park Cultural Center, B-30295
Stage 2 GMP
August 18, 2006
Page 1
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective
officials thereunto duly authorized, this the day and year above written.
THE CITY OF MIAMI, FLORIDA
THE CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
APPROVED AS TO FORM AND
CORRECTNESS FOR THE USE AND
RELIANCE OF THE CITY OF MIAMI,
FLORIDA, ONLY
By: Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney
ATTEST: APPROVED AS TO INSURANCE
REQUIREMENTS:
Priscilla A. Thompson, City Clerk LeeAnn Brehm, Risk Management Administrator
Pirtle Construction Company
ATTEST: Pirtle Construction Company
Corporate or Company Secretary Suzanne Mannetta, Executive Authorized Officer
Michael S. Geary
Affix Corporate/Company Seal Date:
Little Haiti Park Cultural Center, B-30295
Stage 2 GMP
August 18, 2006
Page 2