HomeMy WebLinkAboutexhibit1THIRD AMENDMENT TO CONTRACT
"ORANGE BOWL STADIUM STRUCTURAL REPAIRS, B-30297"
This Third Amendment to the Contract dated September 2, 2003 between the City of
Miami, a municipal corporation of the State of Florida ("CITY"), and Professional General
Contractors, Inc. ("CONTRACTOR") for the Project entitled "Orange Bowl Stadium Structural
Repairs", Project No. B-30297, ("PROJECT") is entered into this day
, 2005.
RECITALS
WHEREAS, the Contract was entered into pursuant to the approval of the City
Commission by Resolution No. 03-829 dated September 2, 2003 in the total amount of
$1,949,039 for the Scope of Work included in the original Contract Documents for the
PROJECT; and
WHEREAS, the First Amendment was approved by Resolution No. 04-0179, adopted
March 25, 2004, entered into on March 29, 2004, and consisted of modifications and additions
to the PROJECT's Scope of Work with a corresponding increase in the Contract Sum of
$500,000, for a revised Contract Sum of $2,449,031; and
WHEREAS, the Second Amendment was approved by Resolution No.04-0428, adopted
June 24, 2004, entered into on August 4, 2004, and consisted of modifications and additions to
the PROJECT's Scope of Work with a corresponding increase in the Contract Sum of $400,000,
for a revised Contract Sum of $2,849,031; and
WHEREAS, it has been determined that additional modifications and additions to the
PROJECT's Scope of Work are required in order to restore the structural integrity of the
Stadium in a timely manner prior to the start of the 2005 UM football season; and
WHEREAS, the City Commission has adopted Resolution No. on
, 2005 to approve such additional modifications to the Scope of Work, the
corresponding increase in the Contract Sum, and to provide additional terms and conditions that
are deemed to be in the City's best interest;
NOW THEREFORE, for the considerations hereinafter set forth:
The Agreement dated September 2, 2003 as subsequently modified by Amendment No
1 and Amendment No 2 is hereby further amended as follows:
1. Existing provisions of the Contract are amended in the following particulars:
a. Article 1. Scope of Work shall be revised to include all labor, materials and
equipment required to perform the additional work in the manner and form
described in Exhibit A to this Third Amendment, attached and incorporated by
reference as if set forth in full, and consistent with all applicable terms and
conditions of the Contract Documents.
Further, the Scope of Work shall include, at the City's Sole Option, Additional
Anticipated Work as defined herein below.
b. Article 2 CONTRACT SUM shall be increased by $3,717,005 to the new sum
of Six Million, Five Hundred Sixty Six Thousand Thirty . Six Dollars and No
Cents ($6,566,005), said increase consisting of $2,954,256 for Additional
Repairs as described in Exhibit A plus an allowance of $762,749 for
Anticipated Additional Work.
c. Article 4. Time of Completion shall be changed to August 2005.
2. The following new provisions shall be added:
a. Anticipated Additional Work: Additional needed repairs at the sole discretion
of the City identified by the Engineer of Record and approved in advance by
the Director during the course of the approved work that may include:
i. Replacement of the concrete slabs at the 9'-6" concourse at the north
and south of the stadium
ii. Repair and replacement of the tie beams along grid line M
iii. Life -safety improvements along the stem wall at the upper section of
the lower bowl at the West End Zone
iv. And all related structural work
b. Option to Increase and Extend Contract: The City, upon approval of the City
Commission shall have the option to increase the Contract Sum and /or the
Time of Performance to allow for subsequent phases of the work if deemed
necessary by the City.
c. Pricing for such increases shall be based on original itemized prices included
in the Contract except that modifications may be negotiated for the cost of
materials where Contractor presents verifiable documentation that support
and justify industry or marketplace fluctuations.
All other terms and conditions of the contract are in effect and remain unchanged
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
(SEAL)
ATTEST:
By:
Joe Arriola, City Manager
Priscilla A. Thompson, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS FOR THE USE AND
RELIANCE OF THE CITY OF MIAMI,
FLORIDA, ONLY
APPROVED AS TO INSURANCE
REQUIREMENTS:
Jorge L. Fernandez
City Attorney
Dania Carrillo,
Risk Management Administrator
CONTRACTOR
ATTEST:
By:
Corporate Secretary
Carlos R. Ramos, President
Professional General Contractors, Inc.
(Affix Corporate Seal)