HomeMy WebLinkAbout2023-008-7898_-_Terminate_Rolling_Oaks_CMAR_Contract_-_Adopted.docxRESOLUTION NO. 2023-008-7898
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 GULF BUILDING LLC FOR THE
CONSTRUCTION OF ROLLING OAKS 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
Rolling Oaks Park, and
WHEREAS, on October 28, 2020, Council approved Resolution # 2020-135-3532
giving the City Manager the authority to negotiate and execute a contract with the second
ranked firm, Kaufman Lynn Construction, and
WHEREAS, due to multiple delays and the inability to come to a revised contract
agreement, staff recommends that it is in the best interest of the City to terminate the
existing contract, 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 the next-ranked firm, Gulf Building LLC, and the total cost of the contract will be
expensed from accounts 300-72-00-572-631-08 and 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
execute a contract with the next-ranked firm, Gulf Building LLC, for the construction at
and renovations at Rolling Oaks Park,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
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Resolution No. 2023-008-7898
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 the next-ranked firm, Gulf Building
LLC, for the construction at and renovations at Rolling Oaks 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
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
DocuSign Envelope ID: 19735382-E819-4065-AFF1-0D7930FC52D9