HomeMy WebLinkAboutExhibit SUBCITY OF MIAMI
AMENDMENT NO. 3 TO AGREEMENT
P
r1 1
mru( Cly, he fi
at- -04 0Z doleinvo.,
WITH SUFFOLK CONSTRUCTION COMPANY, INC.
FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR
STADIUM SITE PARKING, E-30648
This Amendment No. 3, ("GMP Amendment") 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 12010.
RECITALS
WHEREAS, on January 14, 2010, the City Commission adopted Resolution No.
10-0003, confirming the award to Suffolk Construction Company, Inc. ("Suffolk")
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 Suffolk
("Agreement"), for the provision of construction management at risk services for the
Stadium Site Parking Project ("Project"), providing for 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 did not exceed $75,000,000; and
WHEREAS, in order to expedite the Project, on March 11, 2010, the City
Commission adopted Resolution No. 10-0105 authorizing the City Manager to execute
Amendment No. 1 to the Agreement, allowing certain services to be moved forward into
the pre -construction phase of the Project and authorizing an increase in the fee of the
pre -construction services to an amount not to exceed $333,174, providing that the GMP
did not exceed $75,000,000; and
WHEREAS, pursuant to Resolution No. 10-0003, the construction funds are to be
allocated from the sale of Special Obligation Parking Revenue Bonds ("Bonds") and the
issuance of a Notice to Proceed for the construction phase is not to take place until the
sale of the Bonds; and
WHEREAS, in order to remain on schedule for completion of the Project by the
December 2011 completion date, the City Commission adopted Resolution No. 10-0172
authorizing the City Manager to execute Amendment No. 2 to the Agreement, allowing
the City to issue a limited Notice to Proceed prior to the sale of the Bonds, for an amount
not to exceed $3,000,000 of the GMP, to allow Suffolk to begin performance of certain
construction services; and
Page 1 of 8
��� �` D03
WHEREAS, this GMP Amendment establishes the GMP amount of $73.000.000.
which includes an Owner Contingency of $1,810,970. Owner Allowances of $3.550.834.
a Construction Manager's Fee of $1,825,000, General Condition expenses $3,470,843;
a trench safety allowance, and other provisions relating to payments and damages; and
WHEREAS, the GMP Amendment further establishes a Substantial Completion
date of December 31. 2011; and
WHEREAS, in an effort to provide incentive for CSBE participation, the GMP
Amendment increases the current CSBE participation goal from 15% to 26%, and
provides for an incentive program for which the City will pay the Construction Manager
$20,000 if Construction Manager achieves 30% CSBE participation, and for which the
City shall pay the Construction Manager an additional $10,000 for each percentage point
of CSBE participation above 30%, up to a total not to exceed incentive payment of
$100,000, which shall be paid from the Owner's Contingency and which shall not cause
the final GMP to be increased beyond $73,000,000; and
WHEREAS, in addition, pursuant to the Agreement, the Construction Manager is
to receive forty percent (40%) and the City sixty percent (60%) of the remaining balance
of the Construction Manager's contingency, but only of the amount initially included in
the GMP; and
WHEREAS, the Construction Manager's contingency may increase during the
Project if savings are realized on planned expenditures; and
WHEREAS, the Agreement directs that any funds remaining in the Construction
Manager's Contingency which exceed the initially approved contingency, shall accrue
one hundred percent (100%) to the City; and
WHEREAS, the GMP Amendment modifies this language to provide for the
distribution of any remaining balance in the Construction Manager's Contingency at forty
percent (40%) to the Construction Manager and sixty percent (60%) to the City, to be
applied even in the event that the remaining balance exceeds the amount initially
included in the GMP; and
WHEREAS, this modification to the Agreement provides a greater incentive for
the Construction Manager to control costs;
NOW THEREFORE, for the considerations of the foregoing, the parties hereby
amend the Agreement in the following particulars:
Section 1 — Pre -Construction Phase
Article 79: Small Business/Local Workforce Participation
Pursuant to the CAN the City, in cooperation with the County's
Department of Small Business Development, has established certain
goals for the utilization of local small businesses and local workforce in
the construction of the Project, in accordance with the County's
Community Small Business Enterprise (CSBE) program for construction,
and the Community Workforce Program (CWP). The preliminary CSBE
aPA—CWP goals a -re is set forth in the Request for Proposals, and the
Page 2 of 8
CSBE goal in the Request for Proposals has been revised and an
incentive proaram created as described herein. Construction Manager
shall make a good faith effort to assist the City in establishing the final bid
CSBE and CWP goals associated with each bid package for the Project.
if needed, and shall use good faith efforts to comply with the established
CSBE and CWP goals. Construction Manager shall, and shall require all
Subcontractors to, grant the City all rights of access to records to monitor
compliance with the CSBE and CWP goals, and shall include the above
requirements in each bid package and Subcontract.
The CSBE participation goal shall be 26%. The City will pay the
Construction Manager Twenty Thousand Dollars ($20.000) ("CSBE
Incentive Payment") if Construction Manager achieves 30% CSBE
participation. In addition. the City shall pay Construction Manager an
additional Ten Thousand Dollars ($10.000) as part of the CSBE Incentive
Payment for each percentage point of CSBE participation above 30%. In
no event shall the amount paid to Construction Manager for the CSBE
Incentive Payment exceed One Hundred Thousand Dollars ($100.000) or
cause the GMP to be increased. The CSBE Incentive Payment shall be
funded from the Owner's Contingency and shall be paid to Construction
Manager within 30 days from the date the Construction Manager
achieves substantial completion for the entire Project, and it notifies to the
City in writing that the maximum CSBE participation has been achieved.
The CSBE incentive will be based on the CSBE percentage achieved at
the substantial completion of the Proiect. The Construction Manager is
committed to making its best efforts to contract with firms located within
the boundaries of the City.
Section 2 — Pre -Construction Phase
Article 11: Guaranteed Maximum Price
...Construction Manager shall include a line item for Construction
Manager's Contingency amount in the Schedule of Values for the Project,
which Contingency amount, if accepted by the City, shall be included
within the GMP and to the GMP Agreement for the Project, and, subject
to the prior agreement of the City. The Contingency shall be used as the
source of funds for unforeseen costs that are reasonably and necessarily
incurred and paid by the Construction Manager, which costs shall be at
rates not higher than the standard paid in Miami -Dade County, as follows:
(a) first, in connection with the proper performance of Work required
hereunder which Work was unforeseeable by the Construction Manager,
the Consultant, and the City at the time of execution of the GMP
Agreement, (b) second, to the extent that any portion of the Contingency
remains unallocated on the date of Final Completion and after the
issuance of final payment for the Project, such remaining portion of the
Contingency shall be split between the City and the Construction
Manager. The Construction Manager shall receive 40% and the City 60%
of the remaining balance of the Construction Manager's Contingency
including ; a y—indu ed ars— the GMP. A—any funds remaining in the
Construction Manager's Contingency that exceeded the initially approved
Page 3 of 8
Contingency ace,,r 1090,E tc) the. City. The Construction Manager's
Contingency amount shall be set forth in the GMP Agreement for the
Project, and within the Schedule of Values attached thereto. Use of the
Construction Manager's Contingency shall be at the sole discretion of the
City and requires the prior written approval of the City's Project Manager,
The Construction Managers Contingency shall not be used for rework,
cost increase caused by a lack of coordination or communication with the
Consultant or Subcontractors, or to correct errors and omissions in the
Contract Documents.
A new section of the Agreement is hereby created as set forth below:
Section 4 — additional Terms and Conditions
1. Construction Manager's GMP for the Construction Phase of the
Work shall be Seventy Three Million Dollars ($73,000,000). Included in
the GMP is an Owner Contingency of One Million, Eight Hundred Ten
Thousand, Nine Hundred Seventy Dollars ($1,810,970) and Owner
Allowances in the amount of Three Million, Five Hundred Fifty Thousand
Eight Hundred Thirty Four Dollars ($3,550,834), all of which shall be
utilized in accordance with the provisions of the Agreement and this
Amendment.
2. The Construction Manager's Fee for the Construction Phase of
the Work is hereby established as a lump sum amount of One Million
Eight Hundred Twenty Five Thousand Dollars ($1,825,000), and said
lump sum amount is included within the above stated GMP.
3. The General Conditions expenses for the Construction Phase of
the Work are hereby established as a lump sum amount of Three Million
Four Hundred Seventy Thousand Eight Hundred Forty Three Dollars
($3,470,843), and said lump sum amount is included in the above stated
GMP, Construction Manager acknowledges and agrees that the City shall
have no liability for any General Condition expenses beyond payment of
the above noted lump sum and Construction Manager agrees that it shall
not be entitled to receive any additional compensation from the City for
the General Conditions beyond the lump sum amount unless expressly
adjusted by a Change Order.
4. Monthly installment payments of the GMP, not including the
Construction Manager's General Conditions expenses shall be based
upon the percentage of completion of the portion of Work completed and
accepted by the City for the preceding month. There shall be 19 equal
monthly installment payments for the Construction Manager's General
Conditions expenses commencing with the first payment application after
issuance of the GMP Notice to Proceed.
5. Direct reimbursements allowed under the Agreement shall be
made upon submission of proof of payment to the City by the
Construction Manager.
Page 4 of 8
6. The City has established an Owner Contingency fund in the
amount of One Million Eight Hundred Ten Thousand Nine Hundred
Seventy Dollars ($1,810,970) for this Project. The Construction Manager
has no right or entitlement to the Owner's Contingency fund or Owner's
Allowances and use of such funds are subject to the prior written approval
and/or issuance of a Change Order by the City. Any Owner Contingency
or Owner Allowance funds remaining at the completion of the Project will
accrue 100% to the City.
7. If at the time final payment is made to the Construction Manager
for the Construction Phase of the Work the total cost has been increased
by approved Change Orders in an amount causing the original GMP as
set forth in this Amendment to be exceeded by more than One Dollar
($1.00), then the Construction Manager shall be entitled to an increase in
the Construction Manager's Fee in the amount of two and one half
percent (2.5%) of the amount exceeding the sum of One Dollar ($1.00).
8. Construction Manager acknowledges that the Agreement includes
Work for trench excavation and that the requirements set forth in Section
553.63, Florida Statutes, Trench Safety Act, apply. Construction Manager
certifies that the required trench safety standards will be in effect during
performance of the Work.
9. The amount of Nine Thousand Dollars ($9,000) has been
separately identified for the cost of compliance with the required trench
safety standards and said amount is included within the GMP.
10. The Construction Phase commencement date (Commencement)
for the Work is July 06, 2010. The total time for performance of the Work
from Commencement through the date required for Substantial
Completion is five hundred thirty five (535) days (Construction Time). The
Substantial Completion date for the entire Project is therefore established
as December 31, 2011.
11. Pursuant to the Agreement, the parties have established a
liquidated damages rate for reasons stated therein, which the parties
acknowledge and agree apply to this Amendment and Construction
Manager's responsibility to complete the Work within the Construction
Time. Accordingly, the liquidated damages rate established in the
Agreement shall be assessed from Construction Manager for each
calendar day Construction Manager fails to achieve Substantial
Completion for the entire Project within the Construction Time.
12. In consideration for the reduction of the GMP from Seventy Five
Million Dollars ($75,000,000) to Seventy Three Million Dollars
($73,000,000), and as an incentive for the Construction Manager to
control its costs, the City and Construction Manager have agreed that all
savings realized by the Construction Manager in the Cost of the Work,
excluding Owner Contingency and Owner Allowances shall accrue to the
Construction Manager's Contingency, and that at Substantial Completion
of the entire Project, the remaining Construction Manager's Contingency
shall be shared in the following percentages: 60% to City, 40% to
Construction Manager. There shall be no monetary cap on the total
Page 5 of 8
amount of savinas that will be shared by the Parties. All savings in the
Owner Contingency and Owner Allowances and shall accrue 100% to the
City.
13. The City has determined that it is in the City's best interest to
increase the current CSBE participation in the GMP to 26%. In
furtherance thereof, the City will pay the Construction Manager Twenty
Thousand Dollars ($20,000) ("CSBE Incentive Payment") if Construction
Manager achieves 30% CSBE participation. in addition, the City shall pay
Construction Manager an additional Ten Thousand Dollars ($10,000) for
each percentage point of CSBE participation above 30% as an additional
CSBE Incentive Payment. In no event shall the amount paid to
Construction Manager for the CSBE Incentive Payment exceed One
Hundred Thousand Dollars ($100,000) or cause the final GMP to exceed
Seventy Three Million Dollars ($73,000,000). The CSBE Incentive
Payment shall be funded from the Owner's Contingency and shall be paid
to Construction Manager within 30 days from the date the Construction
Manager achieves substantial completion for the entire Project, and it
notifies to the City in writing that the maximum CSBE participation has
been achieved. The CSBE Incentive Payment shall be based on the
CSBE percentage achieved at the completion of the Project. The
Construction Manager is committed to making its best efforts to contract
with firms located within the boundaries of the City.
14. In consideration for the reduction of the GMP from Seventy Five
Million Dollars ($75,000,000) to Seventy Three Million Dollars
($73,000,000), the City has agreed to pay Construction Manager an
additional Two Hundred Fifty Five Thousand Dollars ($255,000), provided
the GMP does not exceed Seventy Three Million Dollars ($73,000,000),
inclusive of General Conditions, but exclusive of City Commission
approved Change Orders causing the GMP of $73,000,000 to be
exceeded. The Two Hundred Fifty Five Thousand Dollars ($255,000) is
included within the above stated GMP of Seventy Three Million Dollars
($73,000,000). In return and if required by the City, Construction Manager
has agreed to maintain required personnel at the Project, at no cost to the
City, for a period not to exceed 90 days from the Project Substantial
Completion date of December 31, 2011. This need may arise as a result
of the Construction Manager's inability to complete all of the site work
and/or surface lots due to but not limited to the Marlins / Hunt -Moss not
being finished with their Public Infrastructure scope of work surrounding
the parking sites. In consideration of the City's requests that the
Construction Manager not commence construction of the P3 and P4
parking garages until October 18, 2010, the City shall provide the
Construction Manager with a thirty one (31) day grace period of time
subsequent to Substantial Completion, as adjusted, where the
Construction Manager shall not be liable to the City for the per day
Liquidated Damages during the grace period.
15. In accordance with Section 1 Paragraph 7 of the Agreement, the
City intends to enact an Owner's Direct Purchase Program.
16. The Agreement, as amended by the First, Second and Third
Amendment, constitutes the entire agreement and understanding
Page 6of8
among the parties with respect to the subject matter hereof. The City
and Construction Mi�anager acknowledge and agree that except as
specifically modified hereby, all of the provisions of the Agreement
which are not in conflict with the terms of this Amendment shall
remain in full force and effect. In event of any conflict with the
Agreement, the terms of this Amendment shall control.
Page 7 of 8
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
ATTEST: Corporation of the State of Florida
In
By:
Priscilla A. Thompson, City Clerk 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:
91
Corporate Secretary
(Affix Corporate Seal)
SUFFOLK CONSTRUCTION COMPANY,
INC.
Print name, Title of Authorized Corporate
Officer
Page 8 of 8
CITY OF MIAMI
AMENDMENT NO. 3 TO AGREEMENT
WITH SUFFOLK CONSTRUCTION COMPANY, INC.
FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR
STADIUM SITE PARKING, B-30648
This Amendment No. 3, ("GMP Amendment") to the Construction Manager Y Risk
Agreement dated February 12, 2010 (the "Agreement"), between the City of iami, a
municipal corporation of the State of Florida ("City"), and Suffolk Construction ompany,
Inc., ("Contractor") a Massachusetts corporation, for the provision of Construction
Management Services for the Stadium Site Parking ("Project") is entered ihto this
day of , 2010.
RECITALS
WHEREAS, on January 14, 2010, the City Commissio adopted Resolution No.
10-0003, confirming the award to Suffolk Construction 9,ompany, Inc. ("Suffolk")
pursuant to Request for Proposals Na. 08-09-056 issued ),61y 2, 2009 and authorizing
the City to enter into a Construction Manager at Rfsk Agreement with Suffolk
("Agreement"), for the provision of construction mann ement at risk services for the
Stadium Site Parking Project ("Project"), providing //for an amount not to exceed
$168,174, for pre -construction services; and
WHEREAS, Resolution No. 10-0003 f r1her authorized the City Manager to
execute the Agreement without further City C mmission approval, accepting an Initial
Guaranteed Maximum Price ("IGMP"), and a rinal Guaranteed Maximum Price ("GMP")
in an amount not to exceed $75,000,009, inclusive of the fee for pre -construction
services of $168,174, providing that the GMP did not exceed $75,000,000; and
WHEREAS, in order to expe fte the Project, on March 11, 2010, the City
Commission adopted Resolution No. 0-0105 authorizing the City Manager to execute
Amendment No. 1 to the Agreement, allowing certain services to be moved forward into
the pre -construction phase of the,16roject and authorizing an increase in the fee of the
pre -construction services to an a0ount not to exceed $333,174, providing that the GMP
did not exceed $75,000,000; anti'
WHEREAS, pursuant,to Resolution No. 10-0003, the construction funds are to be
allocated from the sale of S�ecial Obligation Parking Revenue Bonds ("Bonds") and the
issuance of a Notice to Proceed for the construction phase is not to take place until the
sale of the Bonds; and
WHEREAS, in order to remain on schedule for completion of the Project by the
December 2011 completion date, the City Commission adopted Resolution No. 10-0172
authorizing the City Manager to execute Amendment No. 2 to the Agreement, allowing
the City to issue a limited Notice to Proceed prior to the sale of the Bonds, for an amount
not to exceed $3,000,000 of the GMP, to allow Suffolk to begin performance of certain
construction services; and
VkX. � l� Page 1 of 7
WHEREAS, this GMP Amendment establishes the GMP amount of $73,000,000,
which includes an Owner Contingency of $1,810,970, Owner allowances of $3,550,834,
a Construction Manager's Fee of $1,825,000, General Condition expenses $3,470,843,
a trench safety allowance, and other provisions relating to payments and damages; ar)d/
WHEREAS, this GMP Amendment further establishes a Substantial
date of December 31, 2011; and
WHEREAS, in an effort to provide incentive for CSBE partici patio , the GMP
Amendment increases the current CSBE participation goal from 15% 0 26%, and
provides for an incentive program for which the City will pay the Constr ction Manager
$20,000 if Construction Manager achieves 30% CSBE participation, Yfid for which the
City shall pay the Construction Manager an additional $10,000 for ea h percentage point
of CSBE participation above 30%, up to a total not to exceed i centive payment of
$100,000, which shall be paid from the Owner's Contingency and hich shall not cause
the final GMP to be increased beyond $73,000,000; and
WHEREAS, in addition, pursuant to the Agreement, t 6 Construction Manager is
to receive forty percent (40%) and the City sixty percent (60//o) of the remaining balance
of the Construction Manager's contingency, but only of amount initially included in
the. GMP; and /
WHEREAS, the Agreement directs that any funds remaining in the Construction
Manager's Contingency which exceed the initially approved contingency, shall accrue
one hundred percent (100%) to the City; and
WHEREAS, the Construction Manager's/contingency may increase during the
Project if savings are realized on planned expen itures; and
WHEREAS, this GMP Amendment odifies this language to provide for the
distribution of any remaining balance in the onstruction Manager's contingency at forty
percent (40%) to the Construction Managqf and sixty percent (60%) to the City, to be
applied even in the event that the rebining balance exceeds the amount initially
included in the GMP; and
WHEREAS, this modification ted the Agreement provides a greater incentive for
the Construction Manager to control g sts;
NOW THEREFORE, for the considerations of the foregoing, the parties hereby
amend the Agreement in the follov/J`ing particulars:
Section 1 - Pre-Constduction Phase
W
l
Pursuant to Ahe CAA, the City, in cooperation with the County's
Department Of Small Business Development, has established certain
goals for the Utilization of local small businesses and local workforce in
the construction of the Project, in accordance with the County's
Community Small Business Enterprise (CSBE) program for construction,
and the Community Workforce Program (CWP), The preliminary Gam€
and -CWP goals arse is set forth in the Request for Proposals, and the
Page 2 of 7
CSBE goal in the Request for Proposals has been revisod and an
incentive program created as described herein. Construction Manager
shall make a good faith effort to assist the City in establishing the final bid
CSBE and CWP goals associated with each bid package for the Project,
if needed, and shall use good faith efforts to comply with the established
CSBE and CWP goals. Construction Manager shall, and shall require
Subcontractors to, grant the City all rights of access to records to rn ltor
compliance with the CSBE and CWP goals, and shall include theAbove
requirements in each bid package and Subcontract.
the boundaries of the Citi
Section Z — Pre -Construction P
...Construction Manag r shall include a line item for Construction
Manager's Contingenc amount in the Schedule of Values for the Project,
which Contingencyount, if accepted by the City, shall be included
within the GMP anrnt
the GMP Agreement for the Project, and, subject
to the prior agree of the City. The Contingency shall be used as the
source of funds f9f unforeseen costs that are reasonably and necessarily
incurred and pa' by the Construction Manager, which costs shall be at
rates not highe than the standard paid in Miami -Dade County, as follows:
(a) first, in c nnection with the proper performance of Work required
hereunder w ich Work was unforeseeable by the Construction Manager,
the ConsuJI ant, and the City at the time of execution of the GMP
Agreeme (b) second, to the extent that any portion of the Contingency
remains nallocated on the date of Final Completion and after the
issuan of final payment for the Project, such remaining portion of the
Conti oency shall be split between the City and the Construction
Man ger. The Construction Manager shall receive 40% and the City 60%
of t e remaining balance of the Construction Manager's Contingency
incl ding 'Ritially iRGIUded in the GMP. A any funds remaining in the
Construction Manager's Contingency that exceeded the initially approved
Page 3 of 7
Contingency aoerue 490-%. The Construction Manager's
Contingency amount shall be set forth in the GMP Agreement for the
Project, and within the Schedule of Values attached thereto. Use of the
Construction Manager's Contingency shall be at the sole discretion of the
City and requires the prior written approval of the City's Project Manager.
The Construction Manager's Contingency shall not be used for rework,
cost increase caused by a lack of coordination or communication with the
Consultant or Subcontractors, or to correct errors and omissions in the
Contract Documents.
A new section of the Agreement is hereby created as set forth below;
Section 4 — Additional Terms and Conditions
1. Construction Manager's GMP for the Construction ase of the
Work shall be Seventy Three Million Dollars ($73,000,00q). Included in
the GMP is an Owner contingency of One Million ElaKt Hundred Ten
Thousand, Nine Hundred Seventy Dollars ($1,810 70) and Owner
allowances in the amount of Three Million Five Hund, ed Fiftv Thousand
Eight Hundred Thirty Four Dollars ($3,550,834), ' I of which shall be
utilized in accordance with the provisions of th Agreement and this
Amendment.
2. The Construction Manager's Fee for e Construction Phase of
the Work is hereby established as a lump um amount of One Million
Eight Hundred Twenty Five Thousand D Ilars ($1,825,000), and said
lump sum amount is included within thea Ove stated GMP.
3. The General Conditions expenes for the Construction Phase of
the Work are hereby established as 9((lump sum amount of Three Million
Four Hundred Seventy Thousand Aight Hundred Forty Three Dollars
($3,470,843), and said lump sum XMount is included in the above stated
GMP. Construction Manager ack owledges and agrees that the City shall
have no liability for any General77 ondition expenses beyond payment of
the above noted lump sum ano Construction Manager agrees that it shall
not be entitled to receive any additional compensation from the City for
the General Conditions beydnd the lump sum amount unless expressly
adjusted by a Change Ordg(
q. Monthly installm ht payments of the GMP, not including the
Construction Manager' General Conditions expenses shall be based
upon the percentage o completion of the portion of Work completed and
accepted by the City fZr the preceding month. There shall be 19 monthly
installment payment for the Construction Manager's General Conditions
expenses commen ng with the first payment application after issuance of
the GMP Notice to Proceed.
5. Direct rei bursements allowed under the Agreement shall bebm
made upon suission of proof of payment to the City by the
Construction Manager.
Page 4 of 7
6. The City has established an Owner Contingency fund in the
amount of One Million Eight Hundred Ten Thousand Nine Hundred
Seventy Dollars ($1,810,970) for this Project. The Construction Manager
has no right or entitlement to the City's contingency fund or Owner's
allowances and use of such funds are subject to the prior written approval
and/or issuance of a Change Order by the City. Any City Contingency or
Owner allowances funds remaining at the completion of the Project will
accrue 100% to the City.
7. If at the time final payment is made to the Construction Manager
for the Construction Phase of the Work the total cost has been increased
by approved Change Orders in an amount causing the original GMP as
set forth in this Amendment to be exceeded by more than One Dollar
($1.00), then the Construction Manager shall be entitled to an increase in
the Construction Manager's fee in the amount of two and one half
ep rcent (2.5%) of the amount exceeding the sum of One Dollar ($1.00).
B. Construction Manager acknowledges that the Agreement includes
Work for trench excavation and that the requirements set forth in Section
553.63, Florida Statutes, Trench Safety Act, apply. Construction Manar
certifies that the required trench safety standards will be in effect d mg
performance of the Work.
9. The amount of _Nine Thousand Dollars ($9,000) F s been
separately identified for the cost of compliance with the req aced trench
safety standards and said amount is included within the G/omrm
10. The Construction Phase commencement date ( encement)
for the Work is June 1, 2010. The total time for perfor ance of the Work
from Commencement through the date require, -,,d for Substantial
Completion is five hundred seventy nine (579) days Construction Time).
The Substantial Completion date for the en- r Project is therefore
established as December 31, 2011.
11. Pursuant to the Agreement, the p rties have established a
liquidated damages rate for reasons state therein, which the parties
acknowledge and agree apply to this Amendment and Construction
Manager's responsibility to complete t4 Work within the Construction
Time. Accordingly, the liquidated dgtnages rate established in the
Agreement shall be assessed from Construction Manager for each
calendar day Construction Man Iger fails to achieve Substantial
Completion for the entire Project within the Construction Time.
12. In consideration for the// eduction of the GMP from Seventy Five
Million Dollars ($75,000,0 0) to Seventy_ Three Million Dollars
($73,000,000), and as an ncentive for the Construction Manager to
control its costs, the City d Construction Manager have agreed that all
savings realized by the Construction Manager in the Cost of the Work,
excluding Owner Conti gancy and Owner allowances shall accrue to the
Construction Manage` s Contingency, and that at Substantial Completion
of the entire ProjecVthe remaining Construction Manager's Contingency
shall be shared M the following percentages: 60% to City, 40% to
Construction Manager. There shall be no monetary cap on the total
Page 5 of 7
amount of savings that will be shared by the Parties. All savings in the
Owner contingency and Owner allowances and shall accrue 1DO% to the
City.
13. The City has determined that it is in the City's best interest to
increase the current CSBE participation in the GMP to 26%. In
furtherance thereof, the City will pay the Construction Manager Twenty
Thousand Dollars ($20,000) ("CSBE Incentive Payment") if Construction
Manager achieves 30% CSBE participation. In addition, the City shall pay
Construction Manager an additional Ten Thousand Dollars ($10,000) for
each percentage point of CSBE participation above 30% as an additional
CSBE Incentive Payment. In no event shall the amount paid to
Construction Manager for the CSBE Incentive Payment exceed One
Hundred Thousand Dollars ($100,000) or cause the final GMP to exceed
Seventy Three Million Dollars ($73,000,000). The CSBE Incentive
Payment shall be funded from the Owner's Contingency and shall be paid
to Construction Manager within 30 days from the date the Construction
Manager achieves substantial completion for the entire Project, and
notifies to the City in writing that the maximum CSBE participation s
been achieved. The CSBE Incentive Payment shall be based on the
CSBE percentage achieved at the completion of the Project. The
Construction Manager is committed to making its best efforts to c ntract
with firms located within the boundaries of the City.
14. In consideration for the reduction of the GMP from S ent __F_i_v�e_
Million Dollars ($75,000,000) to Seventy Three M►11'o Dollars
($73,000,000), the City has agreed to pay Construction Manager an
additional Two Hundred Fifty Five Thousand Dollars ($25 ,,000), provided
the GMP does not exceed Seventy Three Million Dollars ($73,000,000),
for General Conditions, The Two Hundred Fifty Five/Thousand Dollars
($255,000) is included within the above stated GMj of Seventy Three
Million Dollars ($73,000,000). In return and if required by the City,
Construction Manager has agreed to maintain any required personnel at
the project, at no cost to the City, for a period not, to exceed 90 days from
the project substantial completion date of December 31, 2011. This need
may arise as a result of the Construction Marfager's inability to complete
all of the site work and/or surface lots due to'`but not limited to the Marlins
/ Hunt -Moss not being finished with their,. Public Infrastructure scope of
work surrounding the parking sites.
15. In accordance with Section 1 ,..Paragraph 7 of the Agreement, the
City intends to enact an Owner's Direct Purchase Program.
16. The Agreement, as amended by the First, Second and Third
Amendment, constitutes the:'entire agreement and understanding
among the parties with respect to the subject matter hereof. The City
and Construction Manager acknowledge and agree that except as
specifically modified hereby, all of the provisions of the Agreement
which are not in conflict with the terms of this Amendment shall
remain in full force and effect. In event of any conflict with the
Agreement, the terms 9f this Amendment shall control.
Page 6 of 7
THE CITY OF MIAMI FLORIDA
ATTEST:
By:
Priscilla A. Thompson, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Bv:
Julie 0. Bru, City Attorney
ATTEST:
CITY OF MIAMI, FLORIDA, a mu
Corporation of the State of Florida
By:
Carlos A. Migoya,
City Manager
APPROVED AS TO INSU
REQUIREMENTS:
By:
LeeAnn Brehm,
Risk Managemen Director
CONTRACTOR
INC.
By:
Corporate Secretary By:
(Affix Corporate Seal)
Print rn
Officer
CE
, Title of Authorized Corporate
Page 7 of 7