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,
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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
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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.
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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
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