HomeMy WebLinkAboutExhibitAMENDMENT NO. 4 TO CONSTRUCTION MANAGER AT RISK CONTRACT
LITTLE HAITI CULTURAL CENTER
PROJECT B-30295
This Amendment No. 4 to the Agreement (the "Agreement") between the City of
Miami, a municipal corporation of the State of Florida whose principal address is 444 SW
2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and Pirtle Construction Company, a
Florida Corporation, whose principal address is 4740 Davie Road, Davie, Florida 33314
("Contractor"), for the Project entitled "Little Haiti Cultural Center", Project No. B-30295,
("Project") is entered into this day of 2008.
RECITALS
WHEREAS, pursuant to Resolution No. 05-0688, adopted November 17, 2005, the City
and the Contractor entered into the Agreement for the provision of construction manager
at risk services ("Services") for the Little Haiti Park Cultural Center, Project No. B-30295
("Project"); and
WHEREAS, the Agreement established a two -staged process for completing the
construction of the Project utilizing a Guaranteed Maximum Price ("GMP") for each
stage; and
WHEREAS, Resolution No. 05-0688 authorized the design of the Project and
construction work for Stage I of the Project upon the parties reaching an agreement on
the Guaranteed Maximum Price (GMP) for Stage 1 construction services and execution
of a GMP amendment for Stage 1; and;
WHEREAS, the GMP for Stage 1 of the Project was negotiated as an amount not to
exceed $5,060,000, and GMP Amendment No. 1, dated October 27, 2006 authorized
Stage 1 construction work; and
WHEREAS, the GMP for Stage 2 of the Project was negotiated as an amount not to
exceed $8,900,000, and GMP Amendment No. 2, dated July 12, 2007, authorizing Stage
2 construction work, was authorized pursuant to Resolution No. 06-0667, adopted
November 9, 2006; and
WHEREAS, pursuant to R-07-0583, authorized October 11, 2007, Amendment No. 3
was approved authorizing a change in scope and the related fees for the purchase of
additional artworks and the management of the additional work in an amount not to
exceed $200,000; and
WHEREAS, exterior refurbishing of the Haitian Marketplace was contemplated in the
original scope, however, was not included in the final scope due to a lack of funding;
and,
WHEREAS, it has since been determined that the existing scope should be expanded to
include the exterior refurbishing of the Haitian Marketplace ("Additional Work"); and,
WHEREAS, it is now necessary to amend the Agreement to authorize the Additional
Work and to increase the amount of compensation payable to the Contractor thereunder
by an amount not to exceed $226,687, consisting of $197,119 for the Additional Work
plus $29,568 as a fifteen percent (15%) owner's contingency; and
WHEREAS, the execution of this Amendment No. 4 has been approved by the City
Commission by Resolution No. 08- adopted on
NOW THEREFORE, for the considerations hereinafter set forth, the parties amend the
Agreement as follows:
1. Additional Work, consisting of exterior refurbishing of the Haitian Marketplace, is
hereby incorporated into the scope of the agreement by reference.
2. The cost of the Additional Work is $197,119.
3. $29,568 is allocated as a fifteen percent (15%) owner's contingency.
All other terms and conditions of the Contract remain in full force and effect and remain
unchanged.
(SEAL)
ATTEST:
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a
municipal Corporation of the State of
Florida
By: By:
Priscilla A. Thompson, City Clerk Pedro G. Hernandez, P.E. City
Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO LEGAL FORM
AND CORRECTNESS FOR THE USE
AND RELIANCE OF THE CITY OF
MIAMI, FLORIDA, ONLY
By: By:
LeeAnn Brehm, Jorge L. Fernandez, City Attorney
Risk Management Administrator
CONTRACTOR
ATTEST:
By:
Corporate Secretary Michael S. Geary,
Pirtle Construction Company
(Affix Corporate Seal)