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HomeMy WebLinkAboutExhibit 2CITY OF MIAMI AMENDMENT NO. 1 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT WITH SUFFOLK CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR STADIUM SITE PARKING, B-30648 This Amendment No. 1 to the Construction Manager at Risk Agreement dated February 12, 2010, (the "Agreement'), between the City of Miami, a municipal corporation of the State of Florida ("City"), and Suffolk Construction Company, Inc., ("Contractor") a Massachusetts corporation, for the provision of Construction Management Services for the Stadium Site Parking Project ("Project') is entered into this day of .2010. RECITALS WHEREAS, on July 2, 2009, pursuant to RFP No. 08-09-056 and Resolution No. 10- 0003, adopted by the City Commission January 14, 2010, the City and the Contractor entered into a Construction Manager at Risk Agreement ("Agreement"), for the provision of construction management at risk services, in an amount not to exceed $168,174, for pre -construction services; and WHEREAS, Resolution No. 10-0003 further authorized the City Manager to execute the Agreement without further City Commission approval, accepting an Initial Guaranteed Maximum Price ("IGMP"), and a final Guaranteed Maximum Price ("GMP") in an amount not to exceed $75,000,000, inclusive of the fee for pre -construction services of $168,174, providing that the Final GMF does not exceed $75,000,000; and WHEREAS, pursuant to R-10-0003, the construction funds are to be allocated from the sale of Special Obligation Parking Revenue. Bonds and thus the execution of the GMP is contingent upon the sale of said bonds; WHEREAS, per the agreement, all tasks identified for the construction phase were not to be commenced until sale of said bonds; WHEREAS, in order to remain on schedule for completion by the December 2011 completion date, a redistribution of pre -construction and construction tasks is required,- and, equired;and, WHEREAS, it has been determined that it is in the City's best interest to allow for certain services, as detailed and identified in Attachment C, to be moved forward into the pre - construction phase of the project in order to expedite the project; and, WHEREAS, these services include: field offices/trailers, power & utilities; dewatering design & permitting; Environmental / Soil Management Plan; dewatering wells; release shop drawings and fabrication of underground tanks; and utility disconnects and relocation inside garage sites; and, Page 4 of 4 WHEREAS, this Amendment No. 1 adds these services to the scope of the pre - construction phase and increases the pre -construction fee by $165,000, from an original $168,174, to a not to exceed amount of $333,174; and, WHEREAS, this increase will be offset by a reduction in the construction phase, thus, the Guaranteed Maximum Price (GMP) remains at a not to exceed amount of $75,000,000, inclusive of the pre -construction fee. WHEREAS, this Amendment No. 1 further corrects a Scribner's error in the agreement, NOW THEREFORE, for the considerations of the foregoing, the parties hereby amend the Agreement in the following particulars: Section 1 Article 5: Definitions Guaranteed Maximum Price (GMP) means the sum agreed to between the Construction Manager and the City and set forth in the GMP Amendment as the maximum total Project price that the Construction Manager guarantees not to exceed for the construction of the Project and for all services under this Agreement, eXG!udiRg GRIy inclusive of the Pre -Construction Fee, as amended. The Construction Manager's Fee plus the sum of the accepted subcontract bids and the Construction Manager's Contingency shall comprise the GMP. The City reserves the right to request the submission of the GMP proposal to reflect one or more stages of construction. Pre -Construction Fee means the fixed lump sum fee of Eight Thousand, QRe !-Hundred co, GewF Dellarr ($158,174), Three Hundred Thirty Three Thousand One Hundred Seventy Four Dollars ($333 174). and payable to the Construction Manager for the Work performed during the Pre - Construction Phase related to the Project, accepted by the City and the Construction Manager, which fee includes all direct and indirect costs incurred by the Construction Manager in the proper performance of the design, bid and award services. Section 2, Article 7: Compensation for Preconstruction Phase Services The Pre -Construction Fee is the total compensation payable to the Construction Manager for the performance of Pre -Construction Phase Services, except for Additional Pre -Construction Services approved in advance and in writing by the City. For the Pre -Construction Phase Services the Construction Manager's compensation shall be calculated as a not to exceed fee of ene-humored-sixty three hundred thirty three thousand, one hundred seventy four ($333.174.00) dollars. Said amount is the fee of ane—h-w Six+„ eight thOUSa d GRe hUn&ed seventy three hundred thirty three thousand. one hundred seventy fcur ($333.174.00) dollars to be paid on a monthly basis commencing on the first month after the date established for commencement of the Pre - Construction Phase Services. In no event shall the amount of compensation Page 2 of 4 exceed said total compensation amount unless explicitly approved by action of the City Manager or the City Commission, as may be applicable pursuant to Section 18-87 of the City Code, and put into effect by written amendment to this Agreement. Section 3, Article 2: Construction Phase Time for Completion Construction Manager shall be issued a Notice of Award by the City upon approval of the GMP Proposal by the City Commission. Construction Manager shall commence scheduling activities, permit applications within five (5) calendar days after receipt of the Notice of Award. A Notice to Proceed for the Construction Work will not be issued until there is a sale of Special Obligation Parking Revenue Bonds for this project and there is a Final GMP that does not exceed seventy five million ($75,000,000) dollars , which has been agreed to by the parties, and the Construction Manager's submission to City of all required documents (including but not limited to: Payment and Performance Bonds, and Insurance Certificates) and after execution of the GMP Amendment by both parties, except for those services as identified in Attachment C which have been added to the scope of the are -construction phase and for which work may commence without being contingent upon the occurrence of these_ conditions precedent . The receipt of all necessary permits by the Construction Manager is a condition precedent to the issuance of the Notice to Proceed. Page 3 of 4 All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal ATTEST: Corporation of the State of Florida By: By: Carlos A. Migoya, Priscilla A. Thompson, City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Julie 0. Bru, City Attorney LeeAnn Brehm, Risk Management Director CONTRACTOR ATTEST: SUFFOLK CONSTRUCTION COMPANY INC. By: Corporate Secretary By: (Affix Corporate Seal) Print name, Title of Authorized Corporate Officer Page 4 of 4