Summary:
Dr. Phillips Center for the Performing Arts, Inc. (DPAC) previously entered into an agreement with The Whiting-Turner Contracting Company (Whiting-Turner) to provide pre-construction services at a cost of $4,000,000, approved by City Council May 9, 2016, following a Request for Proposals to provide Construction Manager at Risk (CM) services for Stage 2 of the Dr. Phillips Center (DPC). The CM, under the direction of DPAC and DPAC's Owner's Representative (The Projects Group), is responsible for pre-construction activities and construction of the DPC Stage 2 project. The CM will be the prime contractor and will contract with subcontractors and suppliers.
Section 5.2 of the Orlando Performing Arts Center Agreement between the City, City of Orlando, Florida Community Redevelopment Agency and DPAC dated June 20, 2007, as amended (PAC Agreement), requires an open and competitive procurement process in the selection of the consultant and City Council approval of the selection and contract.
The Guaranteed Maximum Price (GMP) Amendment (attached) provides for construction of Stage 2 of the DPC project, which includes a 1,700 seat multipurpose acoustic hall, at a Guaranteed Maximum Price of $186,625,000, including a construction contingency of $4,800,000, and a construction schedule of 36 months. The total new contract amount, including the pre-construction services mentioned above, is $190,625,000. The amendment has been reviewed by DPAC's Owner's Representative and has been recommended for approval by DPAC. Due to staff changes at Whiting-Turner there has been a delay in the submission of the Blueprint Plan to the Blueprint Special Projects Manager ("BSPM"); as such, Whiting-Turner has committed to 18% MBE participation and 6% WBE participation and will submit their Blueprint Plan to the BSPM for approval no later than thirty (30) days after execution of this GMP Amendment.
This agenda item also incorporates the Budget Amendment necessary to appropriate funding for the full Stage 2 project. To fund a reasonable project contingency, the budget amendment appropriates $5 million of existing Community Venues bond proceeds that are legally restricted for Community Venues capital projects and $5 million of CRA funds. The total project contingency will be $10 million. The budget amendment also incorporates, among other things, funding from Orange County Tourist Development Taxes, DPAC philanthropy and other sources for the Whiting-Turner GMP, architectural and engineering costs, project management, inspections and furniture, fixtures and equipment. The full project budget for DPAC Stage 2 is $237.5 million. |
Recommended Action:
Approval of the GMP Amendment to the agreement between DPAC and the Whiting-Turner Contracting Company, establishing a Guaranteed Maximum Price of $186,625,000 and a total new contract amount of $190,625,000, substantially as attached hereto, subject to final review and approval of the City Attorney's Office. Authorize the Chief Administrative Officer (CAO) to approve amendments in an amount not-to-exceed 10% of the GMP. Also authorize and direct the Chief Financial Officer to amend the budget as outlined. Adopt the attached budget resolution and authorize its execution by the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk, and authorize and direct the Chief Financial Officer to amend the budget as outlined. |