HomeMy WebLinkAboutExhibit 1CITY OF MIAMI
AMENDMENT NO. 6 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. 6 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
2011.
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, on June 24, 2010, the City Commission adopted Resolution Nos.
10-0271 and 10-0273, authorizing Amendments No. 3 and No. 4, respectively; and
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WHEREAS, Amendment No. 3 established the GMP amount of $73,000,000,
including an Owner Contingency of $1,810,970, Owner allowances of $3,550,834, a
Construction Manager's Fee of $1,825,000, General Condition expenses $3,470,843, a
trench safety allowance; and other provisions relating to payments and damages and
increases the current CSBE participation goal from 15% to 26%, and provided for an
incentive program for which the City shall pay the Construction Manager an additional
$10,000 for each percentage point of CSBE participation above 30%, up to a total not to
exceed incentive payment of $100,000, which shall be paid from the Owner's
Contingency and which shall not cause the final GMP to be increased beyond
$73,000,000; and
WHEREAS, to remain on schedule for the completion of the Project, the City
executed Amendment No. 4, which amended the Limited Notice to Proceed, allowing for
an increase in the expenditures allowed by the Notice to Proceed in the amount of up to
$15,000,000, for a total not to exceed amount of up to $18,000,000 of the approved
GMP; and
WHEREAS, among other things, Resolution No. 10-0271 authorized the City
Manager to negotiate a Community Workforce Program ("CWP") Incentive Payment, in
an amount not to exceed $50,000, which incentive payment will not cause an increase in
the GMP and enter into an amendment to the Construction Manager at Risk Agreement
with no further City Commission action embodying the CWP incentive payment; and
WHEREAS, on February 15, 2011, the City executed Amendment No. 5
establishing the CWP Incentive Payment; and
WHEREAS, this Amendment No. 6 increases the Agreement by $2,500,000,
from an original $73,000,000, to a total not to exceed GMP of $75,500,000;
WHEREAS, said increase is necessary in order to remedy the structural
deficiencies within the four parking garages caused by design errors or omissions; and
WHEREAS, funds are to be allocated from Capital Improvements Project No. B-
30648; and
WHEREAS, the City will, be reimbursed for the costs associated with the
structural repairs of the garages by the designer's professional liability insurance, such
reimbursement to occur upon final completion of the remediation work;
NOW THEREFORE, for the considerations of the foregoing, the parties hereby
amend the Agreement by replacing the original GMP of $73,000,000, to a total not to
exceed GMP of $75,500,000.
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All other terms and conditions of the Agreement are in operative force and effect and
remain unchanged.
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
ATTEST: Corporation of the State of Florida
By: By:
Priscilla A. Thompson, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Julie O. Bru, City Attorney Calvin Ellis,
Risk Management Director
CONTRACTOR
ATTEST: SUFFOLK CONSTRUCTION COMPANY,
INC.
By:
Corporate Secretary By:
Rex B. Kirby, President
(Affix Corporate Seal)
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