HomeMy WebLinkAbout2023-009-7899_-_Terminate_Risco_Park_CMAR_Contract_-_Adopted.docxRESOLUTION NO. 2023-009-7899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO TERMINATE THE CONSTRUCTION MANAGER
AT RISK AGREEMENT WITH KAUFMAN LYNN
CONSTRUCTION AND NEGOTIATE AND EXECUTE AN
AGREEMENT WITH LINK CONSTRUCTION GROUP FOR THE
CONSTRUCTION OF RISCO PARK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in April 2014, the City of Miami Gardens residents approved a General
Obligation Bond (GOB) in the amount of Sixty Million Dollars ($60,000,000) for the
construction of and improvements to the City’s parks and related facilities, and
WHEREAS, City Council adopted a Bond Implementation Plan that listed
improvements to be incorporated into each park project which included the renovation of
Risco Park, and
WHEREAS, Council approved Resolution #2020-066-3464 giving the City
Manager the authority to negotiate and execute a contract with Kaufman Lynn
Construction for Construction Manager at Risk services at Risco Park, and
WHEREAS, due to current economic and inflation conditions in the construction
market, initial costs of the project came in significantly over budget and City and Kaufman
Lynn never agreed on a Gross Maximum Price or executed an amendment regarding the
same, and
WHEREAS, due to the inability to reach a Gross Maximum Price and the
cancellation of a similar contract with Kaufman Lynn for Construction Manager at Risk
services at Rolling Oaks Park, staff recommends the City to terminate the existing
contract for Construction Manager at Risk services at Risco Park, and
WHEREAS, pursuant to sections §14.4 and §14.41 of the executed contract, AIA
Document A133-2019, dated November 1, 2021, “Termination by Owner for
Convenience”, the Owner may at any time, terminate the Contract for the Owner’s
convenience and without cause, and
WHEREAS, upon termination of the agreement, the City will enter into negotiations
with, LINK Construction, Inc, and the total cost of the contract will be expensed from
account 300-72-29-572-630-00, and
WHEREAS, City Staff recommends that the City Council authorize the City
Manager to terminate the Agreement with Kaufman Lynn Construction and negotiate and
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Resolution No. 2023-009-7899
execute a contract with the LINK Construction, Inc, for Construction Manager at Risk
services at Risco Park,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager to terminate the Agreement with Kaufman Lynn
Construction and negotiate and execute a contract with LINK Construction, Inc, for
Construction Manager at Risk services at Risco Park.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 8, 2023.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
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Resolution No. 2023-009-7899
Moved by: Councilman Leon
Seconded by: Councilwoman Julien
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilwoman Stephens, III Yes
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