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HomeMy WebLinkAboutAmendment #1 to Design Build AgreementAMENDMENT NO. 1 TO DESIGN- BUILD AGREEMENT Between THE CITY OF MIAMI (COM) and RECREATIONAL DESIGN and CONSTRUCTION (RDC) TO ADD PHASE II DESIGN/BUILD SERVICES FOR GRAPELAND HEIGHTS PARK (AQUATIC FACILITY) CITY OF MIAMI RESOLUTION # 06-0617 ors:Document 3-Amcnd - RDC Grapcland Design Build V6 (10-2-06) This is an Amendment (the "Amendment") to that certain Agreement, as amended by Addendum to Agreement dated the same date of the Agreement, for Design Build Services between the City of Miami ("COM") and Recreational Design and Construction, a Florida corporation ("FIRM") dated June 13, 2005 for the provision of Design -Build services for Grapeland Heights Park, Phase I (the "Agreement"). RECITALS A. COM and the FIRM entered into the Agreement for the purpose of providing Design -Build services for the project, which is defined in the Agreement as design services for the entire Grapeland Height . Park project, and Construction Services for Phase I of the project. Execution of the Agreement was approved by the City Commission pursuant to Resolution No. 05-0137, adopted March 10, 2005. B. Design/Build services for the project, as defined in the Agreement, is almost complete, and the parties believe it is more expedient, and in the best interest of the City of Miami, to proceed with construction of Phase II, as defined hereunder, at this time, rather than wait for completion of Phase I services. C. COM has identified funds to proceed with Phase II and the parties wish to enter into this agreement to provide for the provision of Phase II services and to extend the term for completion of the Phase I services, as more specifically set forth in this Amendment. NOW, THEREFORE, In consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, COM and FIRM agree as follows: INTENT OF AMENDMENT The Agreement describes Phase I of the Project, as the term is defined therein. It is the intent of this Amendment to add Phase II to the Agreement, in order that the Agreement, as amended by this Amendment, describes a functionally complete Project, to be designed and constructed by the FIRM in accordance with in accordance with the Contract Documents. This Amendment will extend the time for completion of the Phase I Work, as described in the Agreement, while allowing for the commencement of Phase 11 Work, it being the intent of the parties to have a completed Project, as defined herein, not later than March 30, 2008, with substantial completion, as defined herein, no later than December 1, 2007. 1. DEFINITIONS: The following sub -sections to Section 1 of the Agreement are hereby amended as follows: 1.9 Contract Documents: The Design Documents, the permitted plans and specifications, addenda, qualifications, and supplemental instructions, and all other additional documents or construction documents, such as Critical Path Method (CPM) and Schedule of Values, as are necessary to deliver a completed Project, all of which are being developed by FIRM under this Agreement, and the performance bond and the payment bond, ors:Document 3-Amend - RDC Grapeland Design Build V5 as the same may be amended or increased pursuant to this Agreement. When reference is made in the Contract Documents to publications, standards or codes issued by associations or societies, the intent shall be to specify the current edition of such publication or standard including revision and effect on the date of the Contract advertisement notwithstanding any reference to a particular date 1.11 Design Phase: The Design Phase, under this Amendment, means the preparation by FIRM of Design Development Documents for Stage 2 of the Project, as defined in Section 1.18 below, and requires completion of the Additional Design Work described in Attachment "A" hereto. 1.18 Project: Design and Construction Services for Grapeland Heights Park, Phase I and Phase!), all in accordance with the Construction Documents. Phase I consists of the work to be performed pursuant to the Agreement. Phase II consists of the work to be performed pursuant to this Amendment, and described in the Scope of Services for Phase 1I, attached hereto as Attachment "B". The Project, as the term is used herein, shall mean Phases I and II of Grapeland Heights Park which includes: a baseball complex with four (4) fields, a two story restroom/concession building, lighting for nighttime use of the new batting cages — and parking pathways that surrounds the entire complex; a two- story 26,680 sq. ft. Community Recreational Center and an Interactive Water Theme Park with four different pools. 1.21 Proposal: The Proposal submitted by the FIRM for Design -Build Services for Grapeland Heights Park, Phase 2, dated June 301 , 2006, attached hereto as Attachment "C". 2. SCOPE OF WORK: Section 4.1 of the Agreement is hereby amended to add Attachments "A' and "B" hereto, and, to the extent Phase I work has been completed, to delete, and or replace, and or supplement Exhibit "A" to the Agreement with Attachment "B" hereto. All other provisions of Section 4 of the Agreement remain unchanged. 3. COMPLETION DATE — LIQUIDATED DAMAGES: Sub -Sections 5.1.1 and 5.1.2 of Section 5 of the Agreement are hereby amended to read as follows: 5.1 Contract Time: 5.1.1 The FIRM shall complete the Design Phase by not later than January 8, 2007 and the Construction Phase of Phase I of the Project by February 9, 2007. Phase II of the Project shall be commenced within fifteen (15) calendar days from FIRM's receipt of the Notice to Proceed and shall be completed not later than 18 months thereafter. 5.1.2 Time is of the essence throughout this Contract. Substantial Completion of the Project by the FIRM shall be December 1, 2007. The Design Phase will conclude with the issuance of a building permit to support a construction date of Phase II of not later than January 8, 2007. The Design Phase duration assumes a permitting period not ors:Document 3-Amend - RDC Grapeland Design Build V5 to exceed 30 calendar days. Should additional time be required for permitting processes, the FIRM's only remedy will be an extension of time for the Design Phase, to be requested in accordance with this Agreement. The time frames and dates stipulated in this Section 5 are based on an assumed Contract execution date of no later than October 2, 2006. Should the Contract execution date be delayed, then all time frames and dates referenced herein shall be extended accordingly. The total Project shall be completed by FIRM and ready for final payment in accordance with Section 7.2.4 no later than 45 calendar days after Substantial Completion. Any time extension authorized by COM or the OAR pursuant to this Agreement shall extend the dates of this Section by an equal amount of time. 4. FIRM'S RESPONSIBILITY: Sub -section 6.2 of the Agreement is hereby amended to delete any references to waivers of permit fees by the City of Miami. FIRM shall be responsible for applying and securing all permits and approvals from all governmental authorities having jurisdiction over the Project, at FIRMS sole cost and expense. 5. COMPENSATION AND METHOD OF PAYMENT: Subsection 7.1 of the Agreement is hereby amended to read as follows: 7.1 Contract Sum 7.1.1 COM agrees to pay FIRM, as compensation for the services described in this Amendment, specifically, the services described in Attachments "A" and "B" hereof, the sum of EIGHTEEN MILLION THREE HUNDRED AND FOUR THOUSAND and EIGHTY-TWO Dollars ($18,304,082.00) ("Contract Sum"). FIRM's failure to properly evaluate any cost factors prior to submitting its Proposal shall not form the basis for additional compensation. The compensation for the Project to be performed by FIRM includes all costs, expenses and fees for all Work provided by the FIRM and its subcontractors and consultants and all other persons retained by the FIRM to perform the services described herein. 7.1.2 The total aggregate Contract Sum, which includes the Contract Sum for Phase 1 of the Project ($14,957,063), is THIRTY TWO MILLION EIGHT HUNDRED EIGHTY THREE THOUSAND AND ONE HUNDRED FORTY FIVE Dollars ($32,883,145.00), which shall be the maximum amount payable by COM to FIRM for the costs of this Project. The Contract Sum is a specific amount which is the total payment for performance of this Contract and shall not be exceeded unless authorized by Change Order. 6. BONDS AND INDEMNIFICATION: Section 45.1 of the Agreement is hereby amended to increase the amount of the payment and performance bonds required thereunder to the total Contract Sum, as defined in Section 7.1.2 above. FIRM shall deliver to COM the payment and performance bonds or such other security as is acceptable to COM, in the amount required hereunder, not later than 20 calendar days after execution of this Amendment. Failure to do so shall constitute a default under the Agreement. 7. INSURANCE: Section 45.5 of the Agreement is hereby amended to increase the amount of insurance required thereunder to the total Contract Sum, as defined in ors:Document 3-Amend - RDC Grapeland Design Build V5 Section 7.1.2 above. The FIRM shall deliver to COM the additional insurance coverage, in form and substance satisfactory to COM, simultaneously with the execution of this Amendment. 8. ALL PRIOR AGREEMENTS SUPERSEDED; AMENDMENTS: Section 46.12 of the Agreement is hereby amended to read as follows: The Agreement, as amended by this Amendment together with all the Contract Documents incorporate and include all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in the Contract Documents. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9. INCORPORATION BY REFERENCE: The attached Attachments "A" through "C" are incorporated into and made a part of this Agreement. 10. MULTIPLE ORIGINALS: This Amendment may be fully executed in counterparts, each of which, bearing original signatures, shall have the force and effect of an original document. 11. NO IMPLIED MODIFICATIONS: Except as specifically provided herein, all of the terms and conditions of the Agreement remain unchanged and are in full force and effect. 12. REAFFIRMATION OF WARRANTIES AND REPRESENTATIONS: FIRM hereby reaffirms all of FIRMS representations and warranties under the Agreement and any proposals submitted by the FIRM in connection with the subject matter of this Agreement. ors:Document 3-Amend - RDC Grapeland Design Build V5 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. FIRM THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of ATTEST: Florida (SEAL) By: ' _ By: G2-9D7 Pedro Hernandez G af riscilla A. Thompson, City Clerk City Manager /' APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURAN CO' ' TN ,SS: REQUIREMENTS: / / / ;rt r B By, ( /7 Risk Manage snt Administrator Lee /\,W ' re h M ATTEST: Corporate Secretary (Affix Corporate Seal) CONTRACTOR ors:Document 3-Amend - RDC Grapeland Design Build V5 By: Signature) S7Evt iJ L. ,cE... s (Name and Title) CL�e� 1)-dcvri✓e DAQezie Recreational Design & Construction, Inc.