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HomeMy WebLinkAboutAgreement 4STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES BUILDING CONSTRUCTION (BC) 4050 ESPLANADE WAY, SUITE 135 TALLAHASSEE, FLORIDA 32399-0950 AMENDMENT #3 TO AGREEMENT BETWEEN BC PROJECT NUMBER: PROJECT NAME AND LOCATION: CLIENT: 93064000_A`1D3.DOC CLIENT AND AGENT COM-93064000 CITY OF MIAMI, PUBLIC WORKS DEPARTMENT, DESIGN AND CONSTRUCTION OF A COMMUNITY CENTER AT HADLEY PARK, UNDER A CONSTRUCTION MANAGER AT RISK PROCESS, MIAMI, FLORIDA CITY OF MIAMI PUBLIC WORKS DEPARTMENT RIVERSIDE CENTER, 8TH FLOOR 444 SW 2ND AVENUE MIAMI, FLORIDA 33130 Jeb Bush Governor Cynthia Henderson Secretary AMENDMENT #3 BETWEEN CLIENT AND AGENT THIS AMENDMENT made this 22nd day of August in the year Two Thousand and One BY AND BETWEEN BUILDING CONSTRUCTION (BC), DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, hereinafter called the AGENT or BC, and CITY OF MIAMI PUBLIC WORKS DEPARTMENT RIVERSIDE CENTER, 8TH FLOOR 444 SW 2ND AVENUE MIAMI, FLORIDA 33130 hereinafter called the CLIENT or OWNER. WITNESSETH, that whereas the AGENT and CLIENT entered into Agreement on June 28, 1999 for implementing the project described hereinabove; that whereas on May 8, 2000 the CLIENT and AGENT created Amendment #I to revise the original Project Budget of $2,400,000.00 to create a new Project Budget of $2,857,636.00 as per the City Commission of Miami's adoption on April 13, 2000, Ordinance (.;d 1209), appropriating an additional $457,636.00 to this Project; and that whereas Amendment #2 was created on October 13, 2000, to increase funding for this project in the amount of $375,000.00 to create a new Project Budget of $3,232,636.00 as per the City Commission of Miami's attached Ordinance 00-825); and that whereas the City Commission of Miami has now increased funding for this project in the amount of $722,000.00 to create a new Project Budget of $3,954,636.00 as per Ordinance (12087) and to recognize the increase in BC's fees; and that whereas these are the reasons for this Amendment. NOW THEREFORE, BC and the CLIENT, for the considerations hereinafter set forth, agree to amend the following Articles and Exhibits as set forth herein. GENERAL: Those Articles and Exhibits not specifically addressed in this Amendment shall remain in full force and effect. In all places where it occurs replace Facilities Development with Building Construction. Article 2. The Project Budget has increased from $3,232,636.00 to S3,954,636.00 and is as shown in the attached Exhibit II, which Exhibit I1 by reference and attachment hereto forms a part of this Agreement. Article 7. BC's administrative fees for the various project management services are based on services as shown in Exhibit II and shall be as follows: SEVENTY THREE THOUSAND FIVE HUNDRED TWENTY DOLLARS (S73,520.00) If the Project Budget is increased in excess of $3,954.636.00 BC's fee shall be increased by 2.2% of the revised budget in excess of $3,954,636,00. 3. Article 8. The CLIENT agrees to pay the AGENT a total administrative fee of S73.520.00 for its services prescribed in Article 7. As of this date, BC has already invoiced the CLIENT for $57,636.00 based on the original agreement and CLIENT has paid S57.636.00 on August 21, 2001. The Agent will invoke the Client Agency the balance of its administrative fee of S15.884.00 upon execution of this agreement and the Client Agency agrees to pay this additional fee within thirty (30) calendar days thereafter. • IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first written above. Attest; CLIENT CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA By: Carl ager Approved as to insurance Requirements: Reviewed and Ap- By: Mario Soldevilla, Risk Management As Witnessed: AGENT rat Counsel stpy BUILDING CONSTRUCTION, DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA Approved: Garrett Blanton Chief of Staff Approved As To Form And Legality: ffice of '•'neral Counsel Department o f lanagement Sery es S te of Florida By: