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CITY OF MIAMI
AMENDMENT NO. 4 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. 4 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, 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
WHEREAS, to remain on schedule for the completion of the Project, the City
requires an amendment to the limited Notice to Proceed, allowing for an increase in the
expenditures allowed by the limited Notice to Proceed in the amount of up to
$15,000,000, for a not to exceed amount of up to $18,000,000; and
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Doc 229,369
�J
WHEREAS, a comprehensive Notice to Proceed for the remainder of the
Construction Work, may only be issued upon sale of the Bonds; and
WHEREAS, the additional expenditure of up to $15,000,000 authorized by the
amended limited Notice to Proceed does not affect the GMP, which is approved at
$73,000,000; and
WHEREAS, funds are to be allocated from Capital Improvements Project Nos. B-
30648 and B -30153J;
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
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 eighteen million ($18,000.0001 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, those services as identified in Attachment F, which
may proceed upon issuance of the limited Notice to Proceed and other
Construction Work included in the eighteen million ($18.000.000) of the limited
Notice to Proceed, a -Rd 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 Construction
Manager's submission to City of all required documents (including but not limited
to: Payment and Performance Bonds. and Insurance Certificatesl, 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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Doc 229369
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
in
Carlos A. Migoya,
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
in
Julie 0. Bru, City Attorney
ATTEST:
By:
LeeAnn Brehm,
Risk Management Director
CONTRACTOR
SUFFOLK CONSTRUCTION COMPANY,
INC.
By:
Corporate Secretary By:
(Affix Corporate Seal)
Print name, Title of Authorized Corporate
Officer
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Doc 229369
CITY OF MIAMI
IE CONSTRU(
AGREEMENT
WITH SUFFOLK CONSTRUCTION COMPANY, INC.
'RUCTION MANAGER AT RISK SEE
STADIUM SITE PARKING, B-30648
This Amendment No. 4 to the Construction Manager at Risk Agree ent dated February
12, 2010, (the "Agreement"), between the City of Miami, a munici al corporation of the
State of Florida ("City"), and Suffolk Construction Company Inc., ("Contractor") a
Massachusetts corporation, for the provision of Construction anagement Services for
the Stadium Site Parking ("Project") is entered into this day of
2010.
RECITALS
WHEREAS, on January 14; 2010, the CityC mmission adopted Resolution No.
10-0003, confirming the award to Contractor pursu n,.to Request for Proposals No. 08-
09-056 issued July 2, 2009 and authorizing the Ci to enter into a Construction Manager
at Risk Agreement with Contractor ("Agreem nt"), for the provision of construction
management at risk services for the Project, i an amount not to exceed $168,174, for
pre -construction services; and
WHEREAS, Resolution No. 10-0 3 further authorized the City Manager to
execute the Agreement without further ity Commission approval, accepting an Initial
Guaranteed Maximum Price ("IGMP"),d a Final Guaranteed Maximum Price ("GMP")
in an amount not to exceed $75,00 ,000, inclusive of the fee for pre -construction
services of $168,174, providing that t e GMP does not exceed $75,000,000; and
WHEREAS, on March 11, 010 the City Commission adopted Resolution No. 10-
0105, authorizing the City to ent r into Amendment No.1 to the Agreement, increasing
the pre -construction fee by $1 5,000, from an original $168,174, to a not to exceed
amount of $333,174, allowin certain services to 'be moved forward into the pre -
construction phase of the P7to
'ect in order to expedite the Project; and
WHEREAS in ord remain on schedule for completionf
o the Project by the
December 2011 completi n date, the City Commission adopted Resolution No. 10-0172
authorizing the City Ma ager to execute Amendment No. 2 to the Agreement, allowing
the City to issue a limi d Notice to Proceed prior to the sale of the Bonds, for an amount
not to exceed $3,00 ,000 of the GMP, to allow Suffolk to begin performance of certain
construction service and
WHEREA , to remain on schedule for the completion of the Project, the City
requires an ame dment to the limited Notice to Proceed, allowing for an increase in the
expenditures allowed by the limited Notice to Proceed in the amount of $20,000,000; for
a not to exceed amount of $23,000,000; and
Doc 229369
Page 1 of 3
WHEREAS, a comprehensive Notice to Proceed for the remainder of the
Construction Work, may only be issued upon sale of the Bonds; and
WHEREAS, the additional expenditure of $20,000,000 authorized by. the
amended limited Notice to Proceed does not affect the GMP, which is approved at
$73,000,000; and
WHEREAS, funds are to be allocated from Capital Improvements Project Nos. B-
30648 and B -30153J;
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 Zomaletion
r
Construction Manager shall be issued a Notice/of Award by the City upon
approval of the GMP Proposal by the City Comrtiission. Construction Manager
shall commence scheduling activities, permit ap6lications within five (5) calendar
days after receipt of the Notice of Award. i
in Amendment No. 2.
A comoreh�nsive Notice to Procee `for the remainina Construction Work will not
be issued until there is a sale of pecial Obligation Parking Revenue Bonds for
this project and there is a Fina GMP that does not exceed seventy five th ee
million ($75,000,000 $73.000.000) dollars; inclusive of the twenty-three million
($23.000.000) of the limited NBtice to Proceed, which has been agreed to by the
parties, and the Construc�6n Manager's submission to City of all required
documents (including but not limited to; Payment and Performance Bonds, and
Insurance Certificates) a�d 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 Jhe pre -construction phase, those services as identified in
($23,000,000) of the limited Notice to Proceed. a 4 for which work may
commence witho irbeing contingent upon the occurrence of these the entirety of
the conditions pr,Ocedent.
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Doc 229369
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.
All other terms and conditions of the Agreement are in operative force and effect a`nd
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:
Julie 0. Bru, City Attorney �% LeeAnn Brehm,
Risk Management Director
ATTEST:
By:
CONTRACTOR
SUFFOLK CONSTRUCTION COMPANY
INC.
Corporate Secretgr By:
(Affix Corporate S961)
Print name, Title of Authorized Corporate
Officer
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Doc 229369