R7C-Biscayne Point Neighborhood Right-Of-Way Improvements ProjectR7 -Resolutions
R7C A Resolution Pertaining To That Certain City Construction Project Referred To As The
"Biscayne Point Neighborhood Right-Of-Way Improvements Project" (The Project) And,
With Respect To Such Project, Accepting The Findings And Recommendation Of The
City Manager In Declaring An Emergency Pursuant To Subsections 287.055(3)(A)(1)
And (9)(C)(6), Florida Statutes, All As More Specifically Set Forth In This Resolution And
The Accompanying Commission Memorandum; And, As Permitted Pursuant To Section
2-367(E) Of The City Code, Waiving, By 5/7ths Vote, The Competitive Bidding
Requirements, Finding Such Waiver To Be In The Best Interest Of The City, And
Authorizing The City Manager To Take The Following Actions To Procure The
Necessary Emergency Design And Construction Services For The Project, Pursuant To
A Negotiated Design-Build Contract: 1) Prepare, Whether Through The City's Public
Works Department Or Through Retention Of An Outside Design Criteria Professional, As
Determined By The City Manager, A Design Criteria Package (DCP) Which Complies
With The Specifications Set Forth Under Section 287.055(2)(J), Florida Statutes; 2)
Upon Completion Of The DCP, Authorizing The City Manager To Negotiate And, If
Successful, Execute A Design-Build Contract, With A Guaranteed Maximum Price
(GMP) For The Remaining Water, Stormwater, Landscape And Streetscape
Improvements For The Project, With The Firm Of David Mancini & Sons, Inc. (DMSI)
Who, As The City's Contractor Currently Working On The Project Under That Certain
Construction Contract Authorized Pursuant To Invitation To Bid No. 07-10/11 (The ITB),
Is The One Appropriately Licensed Contractor Who Is Most Qualified To Assume The
Remaining Work Under The Project Under The Proposed Design-Build Contract
Because DMSI Is Currently Under Contract To Perform (And Is Performing) Work That
Is Affiliated With The Project; And 3) Further Authorizing The City Manager To
Terminate, For Convenience, The Remaining Portion Of The Current Construction
Contract With DMSI (Entered Into Pursuant To The ITB) And Requiring That, As A
Condition To The City And DMSI's Execution Of The Negotiated Design-Build Contract,
The Parties Enter Into And Execute A Settlement Agreement And Release Of All Claims
Against The City Under The Former Contract, Where The Combined Sum Of The
Negotiated Design-Build GMP And The Amount Negotiated As Part Of The Settlement
Of The Existing Contract Shall Not Exceed $11,998,535, Which Includes The
$10,907,759 Construction Award Value Of The Current DMSI Construction Contract And
The Approved Project Contingency Amount Of $1 ,090, 776.
(Capital Improvement Projects)
(Memorandum & Resolution to be Submitted in Supplemental)
' Agenda Item R1 C
Date 12-/Lf-11
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