HomeMy WebLinkAboutR-2024-042 Award of GMP with Burkhardt for Additional Build Costs for CW Thomas ParkRESOLUTION NO. 2024-@
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, A WARDING A GUARANTEED MAXIMUM PRICE
(GMP) CONTRACT IN THE AMOUNT OF TWENTY ONE MILLION THREE
HUNDRED FIFTY FOUR THOUSAND THREE HUNDRED TWENTY-TWO
DOLLARS AND THIRTY-FIVE CENTS ($21,354,322 .35) TO BURKHARDT
CONSTRUCTION, INC. PURSUANT TO THE CITY REQUEST FOR
QUALIFICATIONS ("RFQ") NO. 21-024 ENTITLED, "CONSTRUCTION
MANAGEMENT AT RISK SERVICES" FOR CONSTRUCTION OF
IMPROVEMENTS AT C.W. THOMAS PARK; AND AUTHORIZING
FUNDING IN THE AMOUNT OF SIX HUNDRED THOUSAND DOLLARS
($600,000.00) FOR PERMITTING, UTILITY CONNECTIONS , ART IN
PUBLIC SPACES, AND IMPACT FEES TO BE PAID DIRECTLY BY THE
CITY OF DANIA BEACH; AND AUTHORIZING ONE MILLION DOLLARS
($1,000,000.00) IN CONTINGENCY FUNDS FOR UNFORESEEN PROJECT
COSTS OR MODIFICATIONS TO THE PROJECT SCOPE; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 1, 2021, the City issued RFQ No. 2021-024 for "Construction
Management at Risk Services" for the development of a GMP contract for reconstruction of CW
Thomas Park Improvements (the "Project"); and
WHEREAS, pursuant to RFQ 2021-024, on December 14, 2021, the C ity Commission
adopted Resolution No. 2021-196 authorizing the City Administration to negotiate with the most
qualified respondent Burkhardt Construction, Inc. (Burkhardt); and
WHEREAS, on March 22, 2022, the City Commission adopted Resolution No. 2022-051
authorizing the issuance of Capital Improvement Non-Ad Valorem Revenue Note in the amount
not to exceed Eighteen Million One Hundred Thousand Dollars ($18,100,000.00) for the purpos e
of financing the Project; and
WHEREAS, the City has been awarded a Federal budget appropriation in the amount of
Three Million Dollars ($3 ,000 ,000.00) to be used for construction of the Project; and
WHEREAS, the City Commission adopted Ordinance No. 2022-010 on February 22,
2022 , which authorized the expenditure of City in an amount not to exceed Eighteen Million One
Hundred Thousand Dollars ($18 ,100 ,000.00); and
WHEREAS, due to an increase in construction costs, the City Commission adopted
Ordinance No. 2024-Qlg on April 9, 2024 authorizing the expenditure of City funds exceeding
Eighteen Million One Hundred Thousand Dollars ($18 ,100,000.00) for the project; and
WHEREAS, Burkhardt has delivered a GMP contract in the amount of Twenty One
Million Three Hundred Fifty-Four Thousand Three Hundred Twenty-Two Dollars And Thirty-
Five Cents ($21,354,322.35) to Burkhardt Construction Inc. for the construction of the Project,
which GMP contract is made a part of and incorporated into this Resolution as Exhibit 'A' by this
reference; and
WHEREAS, the City Commission approves total Project funding in the amount of Twenty
Three Million Dollars ($23,000,000.00) for construction of the Project, and Permitting, Utility
Connections, Art in Public Spaces, and Impact Fees to be paid directly by the City and
Contingency funds for unforeseen project costs or modifications to the project scope; and
WHEREAS, the City Administration recommends that the City Commission award the
GMP contract to Burkhardt for the construction of the CW Thomas Park Improvements and
authorize funding necessary for the items paid directly by the City and the Project Contingency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by thi s reference.
Section 2. That the City Commission authorizes the proper City officials to execute
the GMP contract with Burkhardt (Exhibit 'A') in the amount of Twenty One Million Three
Hundred Fifty-Four Thousand Three Hundred Twenty-Two Dollars and Thirty-Five Cents
($21,354,322 .35 ) for construction of the Project.
Section 3. That the City Commission approves total Project funding in the amount of
Twenty Three Million Dollars ($23,000,000.00) for construction of the Project, and to include
Permitting, Utility Connections, Art in Public Spaces, and Impact Fees to be paid directly by the
City, and Contingency funds for unforeseen Project costs or modifications to the Project scope.
Section 4. That the Project currently has a total of Twenty-Two Million Nine Hundred
Fourteen Thousand One Hundred Thirty-Five Dollars ($21,914,135.00), which consists of the loan
proceeds plus accrued interest and the Federal budget appropriation and i_s sufficient to cover the
GMP contract amount plus the items to be paid directly by the City.
Section 5. That additional Project funds in the amount of One Million Eighty-Five
Thousand Eight Hundred Sixty-Five Dollars ($1,085,865.00) to shall be appropriated from
2 RESOLUTION #2024-~
General Fund Unassigned Fund Balance (001-271-00-00), only as necessary , as Contingency
funds for unforeseen Project costs or modifications to the Project scope.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on {\,p Y' \ \ C \ , 2024.
Motion by Ctrnm, SSialU: \ k1tYl.tJ ' second by ~ i L-<.. MCLLft/ L.e.. we \ \£(\ .
FINAL VOTE ON ADOPTION: Unanimous /
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST:
ELORA RI
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
3 RESOLUTION #2 024-CLt 2,
AMENDMENT No. 2 to
CONSTRUCTION MANAGER-AT RISK CONTRACT
For
CW THOMAS PARK IMPROVEMENTS
THIS AMENDMENT NO. 2 to Construction Manager at Risk Contract for CW THOMAS
PARK IMPROVEMENTS is made and entered into by and between:
CITY OF DANIA BEACH, a Florida municipal corporation (the "City") and
BURKHARDT CONSTRUCTION, INC., a Florida corporation, having its principal office
located at 1400 Alabama Avenue #20, West Palm Beach, Florida 33401 (the "Construction
Manager at Risk" or "CMAR"), The original Agreement dated September 19, 2022, is made a
part of and is incorporated into this Amendment by this reference.
WHEREAS, the pa1iies desire to amend the Contract to establish the Guaranteed
Maximum Price ("GMP") for the construction of CW Thomas Park Improvements, and in
consideration of good and valuable consideration, the City and Construction Manager at Risk
hereby agree as follows:
1. Guaranteed Maximnm Price: The Guaranteed Maximum Price for the construction of the
CW Thomas Park Improvements, is hereby established at:
Twenty-one Million, Three Hundred Fifty-Four Thousand, Three Hundred Twenty-two dollars
and 35 cents ($21,354,322.35).
2. Attachment. Attached as composite Exhibit 2-A is the GMP line item detail, with the latest
revision dated April 3, 2024, consisting of 28 pages.
3. Effect of Amendment. Except to the extent the Contract is modified by this Amendment,
the terms and provisions of the Contract, shall remain unmodified and in full force and effect. In
the event of a conflict between the terms of the Contract and the terms of this Amendment, the
terms of this Amendment shall govern and prevail.
1
CW Thomas Park Improvements Amendment #2
IN WITNESS OF THE FOREGOING, the parties have executed this Amendment
effective as of __________ _
ATTEST:
ELORA RIERA, MMC
CITY CLERK
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
CW Thomas Park Improvements
2
CITY:
CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ARCHIBALD J. RY AN IV
MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Amendment #2
Witnesses:
(Print or Type Name)
(Print or Type Name)
STA TE OF ______ _
COUNTY OF _____ _
"CONTRACTOR"
Burkhardt Construction, Inc.
By: _____________ _
Marc R. Kleisley, Vice President
The foregoing instrument was acknowledged before me by means of D physical presence
or □ online notarization, on this __ day of __________ , 2024, by Marc R.
Kleisley as Vice President of Burkhardt Construction, Inc., a Florida corporation, authorized to
conduct business in Florida on behalf of the corporation. He is personally known to me or who
has produced __________________________ (type
of identification) as identification.
NOTARY'S SEAL: NOTARY PUBLIC, ST A TE OF FLORIDA
(Name of Acknowledger Typed, Printed or Stamped)
Commission Number
3
CW Thomas Park Improvements Amendment #2