HomeMy WebLinkAboutExhibit 2CITY OF MIAMI
AMENDMENT NO. 2 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. 2 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") is entered into this day of
2010.
RECITALS
WHEREAS, on January 14, 2010, the City Commission adopted Resolution No.
10-0003, confirming the award to Contractor pursuant to Request for Proposals No. 08-
09-056 issued July 2, 2009 and authorizing the City to enter into a Construction Manager
at Risk Agreement with Contractor ("Agreement"), for the provision of construction
management at risk services for the Project, 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 GMP does not exceed $75,000,000; and
WHEREAS, on March 11, 2010 the City Commission adopted Resolution R-10-
0105, authorizing the City to enter into Amendment No.1 to the Agreement, increasing
the pre -construction fee by $165,000, from an original $168,174, to a not to exceed
amount of $333,174, allowing certain services to be moved forward into the pre -
construction phase of the Project in order to expedite the Project; and
WHEREAS, this Amendment No. 2 authorizes the issuance of a limited Notice to
Proceed, prior to the sale of the Special Obligation Parking Revenue Bonds, for an
amount not to exceed $4,000,000 of the GMP, to include certain construction services,
including but not limited to those detailed in Attachment F; and
WHEREAS, a comprehensive Notice to Proceed for the remainder of the
Construction Work, may only be issued upon sale of the Special Obligation Parking
Revenue Bonds; and
WHEREAS, the $4,000,000 authorized by the limited Notice to Proceed does not
affect the GMP, which remains at a not to exceed amount of $75,000,000; and
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NOW THEREFORE, for the considerations of the foregoing, the parties hereby
amend the Agreement in the following particulars:
Definitions
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 limited Notice to Proceed may be issued prior to the sale of the Special
Obligation Parking Revenue Bonds. for an amount not to exceed four million
($4.000.000) dollars of the final GMP, to include certain construction services.
including but not limited to those detailed in Attachment F incorporated in
Amendment No. 2.
A comprehensive Notice to Proceed for the remaining 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, inclusive of the four million ($4.000.000) of the limited
Notice to Proceed, 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 pre -construction phase, and those services as identified in Attachment F.
which may proceed upon issuance of the limited Notice to Proceed, and for
which work may commence without being contingent upon the occurrence of
these the entirety of the conditions precedent.
The limited Notice to Proceed may be issued contingent upon the Co_ nstruction
M naaer's submission to City of all required documents (including but not limited
to: Payment and Performance Bonds. and Insurance_Certiftcates), but prior to
sale of the Special Obligation Parking Revenue Bonds or execution of the GMP
Amendment.
The receipt of all necessary permits by the Construction Manager is a condition
precedent to the issuance of the either the limited or comprehensive 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
ATTEST:
By:
Priscilla A. Thompson, City clerk
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
By:
Carlos A. Migoya,
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Julie O. 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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