HomeMy WebLinkAboutRevised Agenda PackageCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Distribution List Below
FROM: Mith
Capital Improvements & Transportation
DATE: September 8, 2006
SUBJECT: Revised Agenda Item
REFERENCES: September 12th Commission
Meeting
ENCLOSURES:
Please find attached a revised Agenda package for the following item scheduled for the September 12th
Commission meeting:
RE.4: RDC-Grapeland Heights Watersports Park
The original item package should be removed and completely replaced.
Thank you.
Distribution List:
Mayor Manuel A. Diaz
Commissioner Angel Gonzalez
Commissioner Linda Haskins
Commissioner Tomas P. Regalado
Commissioner Joe M. Sanchez
Commissioner Michelle Spence -Jones
Pedro G. Hernandez, City Manager -�
Jorge L. Fernandez, City Attorney
City Cterft Office
Agenda Office (2 copies)
Mary Conway, Chief Operating Officer
Gary Fabrikant, Assistant Director, CIT
Roger Hatton, Project Manager, CIT
Alisha Alfonso, Litigation Assistant
313
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3r11 E; 8128i06
Commission Meeting D Ite, 9/12/06
Type; V Resolution L
Recpzesting Department;
into RstrYctts� apas� er .,
CIT Department
1 C2 n3 C4
Ordinance 11 Emergency Ordinance [1 Discussion Item n Other
j
Subject; Authorization to execute the negotiated Amendment, in substantially the attached form. with Recreation
Design and Construction, Inc. for Grapeland Park Proiects, B-60496 and B-35828. v
Purpose of Item:
To authorize the City Manager to execute the negotiated Amendment, in substantially the attached form, with
Recreation Design and Construction, Inc., to add Phase II services to the Grapeland Heights Park Project — B-
35828 in the total amount of $13,304,082, Pius an additional $500,000 owner contingency for a total contract
authority amount of $18,804,082.
Background Information:
The City has established a capital improvement project under the Homeland Defense -Neighborhood
Improvement Bond program to design and construct a recreational complex at Grapeland Heights Park,.
Pursuant to Reso. No. 04-0786 adopted December 9, 2004, the City determined that this project is best
implemented using a design -build process with Recreational Design & Construction, Inc. ("RDC"). RDC
and the Department of Capital Improvements and Transportation negotiated an agreement establishing a two
phased process for the design and construction of the project. Phase I of the Project, B-60496, consisting of
design services for the entire project and construction of the baseball complex, is ongoing.
(Continued on page 2).
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: Various capital funds
YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Im s act: : 804.082
C.I.P APPROVAL:
l
CIP 1 `"�- t` �r Budget
If using or receivi
Grants NIA Risk Manage
Purchasing N/A D pE— !rector`
Chief (.1( 7 V� t�.ti+/ � City Manager
i
Final Approvals
[SIGN AND OATE1
Page I of 2
Project Manager: Roger Hatton
Ba•c sgr:uncl Information continued;
CIT is ready to initiate Phase iI of this Project which consists of the water park component. This p ase, B-35828,
will include entry roads, parking lots, wet retention areas for storm water drainage, entry monument plaza, entry
I restroorn ticket building, concession/restroom and pool equipment. room, and the aquatic facility to include the
Lazy River, PMiyrtha Pool, and sWWlater Activity Pools. RDC and CIT have negotiated a contract price for Phase II in
I an amount not to exceed $18,304,082, plus an additional $500,000 owner contingency for a total contract amount
of $18,804,082. Funding in the amount not to exceed $18,804,082 is allocated from B-35828 consisting of Miami
Dade County General Obligation Bonds and other sources as may become available.
Page 2 of 2
Project Manager. Roger Hatton
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE "DESIGN/BUILD AGREEMENT" DATED
JUNE 13, 2005, WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC. ("RDC") FOR
THE PROVISION OF DESIGN/BUILD SERVICES FOR PHASE I OF GRAPELAND HEIGHTS
PARK; TO AUTHORIZE THE CONSTRUCTION WORK FOR PHASE II, INVOLVING THE
AQUATIC FACILITIES, AS CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT TO
EXCEED $18,304,082, PLUS AN ADDITIONAL $500,000 OWNER CONTINGENCY, FOR A
TOTAL AUTHORIZED SUM OF $18,804,082; FURTHER EXTENDING THE TIME FOR
COMPLETION OF PHASE I SERVICES TO RUN CONCURRENTLY WITH PHASE II
SERVICES; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $18,804,082 FROM
PROJECT B-35828.
..Body
WHEREAS, the City of Miami ("City") has established a capital improvement project to design
and construct a recreational complex at Grapeland Heights Park (the "Project"), located at 1550
NW 37 Avenue, Miami, Florida; and
WHEREAS, said project has been incorporated into the City's Capital Improvement Program
and Multi -Year Plan, as Project No. B-60496, entitled "Grapeland Heights Park Site
Development" ("Phase I") and Project No. B-35828, entitled "Grapeland Heights Park Aquatic
Facility" (the "Phase II"); and
WHEREAS, pursuant to Resolution No. 04-0786, adopted December 9, 2004, the City
determined that the best method of implementing the Project is using a design/build process
and contracted the services of Recreational Design & Construction, Inc. ("RDC"), as the lead
contractor, for this purpose; and
WHEREAS, to facilitate construction of the Project, it was deemed advisable to structure the
project as two (2) phases: Phase I consisted of design work for the entire project and the
construction of a baseball complex, a concessions building, including restroom facilities and
related parking, and Phase II consisting of a water park and recreational community building;
and
WHEREAS, pursuant to Resolution No. 05-0137 the City and RDC entered into a Design Build
Agreement for the design of the entire Project and the construction of Phase I, dated June 13,
2005 (the "Agreement"); and
WHEREAS, the City and RDC negotiated an agreement for the construction of Phase II, in an
amount not to exceed $18,304,082.00, and deem it in the best interest of the City to proceed
with construction of Phase II notwithstanding that the work under Phase I is ongoing; and
WHEREAS, it is in the best interest of the City to execute Amendment No. 1 to the Design/Build
Agreement, to authorize the development of Phase II of the Project and extend the time in which
to complete the work under Phase I to run concurrently with the work under Phase II, thereby
expediting the delivery of the Project; and
WHEREAS, it is also requested that the City allocate an additional $500,000, as an owner
contingency for the completion of the Project; and
WHEREAS, Amendment No. 1 will increase the total contract amount of the entire Project by
$18,304,082, from $14,579,063 to an amount not to exceed $32,883,145; and
WHEREAS, funding in the amount of 18,804,082 is allocated from Project B-35828.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized to execute Amendment No.1 to the Agreement, in
substantially the attached form, to authorize the design and construction work for Phase II of the
Grapeland Heights Park Project and the payment of an amount not to exceed $18,304,082, for
said services, and to extend the date for completion of Phase I services to run concurrently with
Phase II services, thereby establishing the amount of construction of the Project (Phase I and
Phase II) to an amount not to exceed $32,883,145.
Section 3. Funding in the amount of $18,804,082 for payment of Phase II services is allocated
from Capital Improvement Project ("CIP") No.B-35828.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
PASSED AND ADOPTED THIS day of , 2006.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{1} The herein authorization is further subject to compliance with all requirements that
may be imposed by the City Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission
AMENDMENT 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-
ors:Document 3-Amend - RDC Grapeland Design Build V5
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 II
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 II, 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 II,
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 30t , 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 I 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.
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
RECREATION DESIGN AND
Attest: CONSTRUCTION, INC.
By: By:
Title: Title:
ors:Document 3-Amend - RDC Grapeland Design Build VS
CITY OF MIAMI
Attest:
By:
Priscilla A. Thomspson, City Clerk Pedro H. Hernandez, City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez LeeAnn Brehm
City Attorney Risk Management Administrator
ors:Document 3-Amend - RDC Grapeland Design Build VS
ATTACHMENT "A"
ADDITIONAL DESIGN WORK
ors:Document 3-Amend - RDC Grapeland Design Build V5
EXHIBIT "A"
Additional Design Work — Phase II
As per the agreement in Phase I, the Design work is completed from Conceptual to
Permit Plans Documents, except for the followings items that will be complete in Phase
II of the agreement.
• A 200 S.F. of Park sign to be designed at the main entrance from Northwest 37th
Avenue.
• Finalize the design theme showpiece monumental sculpture as design by Britto
Art Design at the entry plaza to the aquatic facility.
• Finalize the site furnishings in the aquatic facility shall match the entry sculpture
design
• Finalize the design of the each water theme component as listed below:
1. Aquatic Facility Entrance Plaza
2. Water Activity Pool with Beach Entries
3. Wacky Waterway — Lazy River
• Finalize the Fountain Designs for the Entrances of the parks
• Additional design maybe required by all permitting agencies from the local,
county, state, and federal.
EXHIBIT "B"
Plans and Specifications — Phase II
Phase I: Site Development, Concession, Press box, and Baseball
For Phase I, the latest permit plan set is available in Capital Improvement Department
with latest revision dated as May 2006. The specification is incorporated in the design
permit plan.
Phase II: Water Splash Theme Park
For Phase II, the latest permit plans set is available in Capital Improvement Department
with the latest revision dated as June 2006. The specification is incorporated in the
design permit plan.
City of Miami
Legislation
Resolution
City Hall ei(fzk
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01550
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE "DESIGN/BUILD
AGREEMENT" DATED JUNE 13, 2005, WITH RECREATIONAL DESIGN AND
CONSTRUCTION, INC. ("RDC"), FOR THE PROVISION OF DESIGN/BUILD
SERVICES FOR PHASE I OF GRAPELAND HEIGHTS PARK, TO AUTHORIZE
THE CONSTRUCTION WORK FOR PHASE II, INVOLVING THE AQUATIC
FACILITIES, AS CONTEMPLATED IN THE AGREEMENT, IN AN AMOUNT NOT
TO EXCEED $18,304,082, PLUS AN ADDITIONAL $500,000 OWNER
CONTINGENCY, FOR A TOTAL AUTHORIZED SUM OF $18,804,082; FURTHER
EXTENDING THE TIME FOR COMPLETION OF PHASE I SERVICES TO RUN
CONCURRENTLY WITH PHASE II SERVICES; ALLOCATING FUNDS IN THE
AMOUNT NOT TO EXCEED $18,804,082, FROM PROJECT B-35828.
WHEREAS, the City of Miami ("City") has established a capital improvement project to design and
construct a recreational complex at Grapeland Heights Park ("Project"), located at 1550 Northwest 37
Avenue, Miami, Florida; and
WHEREAS, said project has been incorporated into the City's Capital Improvement Program and
Multi -Year Plan, as Project No. B-60496, entitled "Grapeland Heights Park Site Development" ("Phase
I") and Project No. B-35828, entitled "Grapeland Heights Park Aquatic Facility" ("Phase II"); and
WHEREAS, pursuant to Resolution No. 04-0786, adopted December 9, 2004, the City determined
that the best method of implementing the Project is using a design/build process and contracted the
services of Recreational Design & Construction, Inc. ("RDC"), as the lead contractor, for this purpose;
and
WHEREAS to facilitate construction of the Project, it was deemed advisable to structure the
project as two phases: Phase I consisted of design work for the entire project and the construction
of a baseball cc iex, a concessions building, including restroom facilities and related parking, and
Phase 1I consists if a water park and recreational community building; and
WHEREAS, pu, .nt to Resolution No. 05-0137, adopted March 10, 2005, the City and RDC
entered into a Desig gild Agreement for the design of the entire Project and the construction of
Phase I, dated June i '005 (the "Agreement"); and
WHEREAS, the City -I RDC negotiated an agreement for the construction of Phase I1, in an
amount not to exceed $1z '4,082, and deem it in the best interest of the City to proceed with
construction of Phase II nc 'hstanding that the work under Phase I is ongoing; and
WHEREAS, it is in the be 'terest of the City to execute Amendment No. 1 to the Design/Build
Agreement, to authorize the dt -pment of Phase II of the Project and extend the time in which to
City of Miami
Page 1 of 2 Printed On: 9/712006
File Number: 06-01550
complete the work under Phase I to run concurrently with the work under Phase II, thereby expediting
the delivery of the Project; and
WHEREAS, it is also requested that the City allocate an additional $500,000, as an owner
contingency for the completion of the Project; and
WHEREAS, Amendment No. 1 will increase the total contract amount of the entire Project by
$18,304,082, from $14,579,063 to an amount not to exceed $32,883,145; and
WHEREAS, funding in the amount of 18,804,082 is allocated from Project B-35828;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute Amendment No. 1 to the Agreement, in
substantially the attached form, to authorize the design and construction work for Phase II of the
Grapeland Heights Park Project and the payment of an amount not to exceed $18,304,082, for said
services, and to extend the date for completion of Phase I services to run concurrently with Phase II
services, thereby establishing the amount of construction of the Project (Phase I and Phase II) to an
amount not to exceed $32,883,145.
Section 3. Funding in the amount of $18,804,082, for payment of Phase II services is allocated
from Capital Improvement Project No. B-35828.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} The herein au rization is further subject to compliance with all requirements that may be
imposed by the Ci 'torney, including but not limited to those prescribed by applicable City
Charter and Code p sions.
{2} If the Mayor does sign this Resolution, it shall become effective at the end of ten calendar
days from the date it r passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective imme tely upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 9/7/2006
AMENDMENT 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-
ors:Documenl 3-Amend - RDC 1 nd Design Build V5
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 1(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 1 services.
C. COM has identified funds to proceed with Phase 11 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
Corract Documents. This Amendment will extend the time for completion of the Phase
Wor- as described in the Agreement, while allowing for the commencement of Phase 11
Work being the intent of the parties to have a completed Project, as defined herein,
not lat °Ian March 30, 2008, with substantial completion, as defined herein, no later
than De -fiber 1, 2007.
1. DE ITIONS: The following sub -sections to Section 1 of the Agreement
are hereby . -3nded as follows:
1.9 ntract Documents: The Design Documents, the permitted plans and
oifications, addenda, qualifications, and supplemental instructions,
a, all other additional documents or construction documents, such as
Cr, 1 Path Method (CPM) and Schedule of Values, as are necessary to
dell a completed Project, all of which are being developed by FIRM
unde s Agreement, and the performance bond and the payment bond,
ors:Doeument 3-Amend - RDC G id Design Build VS
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 II, all in accordance with the Construction Documents.
Phase I consists of the work to be performed pursuant to the Agreement.
Phase 11 consists of the work to be performed pursuant to this
Amendment, and described in the Scope of Services for Phase II,
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 30m, 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 "Au to the
Agreement with Attachment "B" hereto. All other provisions of Section 4 of the
Agreement remain unchanged.
3. COMPLETION DATE — LIOUIDATED DAMAGES: Sub -Sections 5.1.1
and 1.2 of Section 5 of the Agreement are hereby amended to read as follows:
5.
2007 end
II of the Pi
receipt of th
thereafter.
Contract Time:
The FIRM shall complete the Design Phase by not later than January 8,
^onstruction Phase of Phase I of the Project by February 9, 2007. Phase
't shall be commenced within fifteen (15) calendar days from FIRM's
otice to Proceed and shall be completed not later than 18 months
5.1.2 Ti is of the essence throughout this Contract. Substantial Completion
of the Project by 1 -IRM shall be December 1, 2007. The Design Phase will conclude
with the issuance . building permit to support a construction date of Phase II of not
later than January 8; '07. The Design Phase duration assumes a permitting period not
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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 io 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 10 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 I 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
eeded unless authorized by Change Order.
6. B= 'S AND INDEMNIFICATION: Section 45.1 of the Agreement is hereby
am Id to increase the amount of the payment and performance bonds
requ thereunder to the total Contract Sum, as defined in Section 7.1.2 above.
FIRM !! deliver to COM the payment and performance bonds or such other
securii is acceptable to COM, in the amount required hereunder, not later
than 20 -ndar days after execution of this Amendment. Failure to do so shall
constitute 'efault under the Agreement.
7. INSURANC. Rection 45.5 of the Agreement is hereby amended to increase the
amount of in; nce required thereunder to the total Contract Sum, as defined in
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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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
execued by their respective officials thereunto duly authorized, this the day and year
abovw Yritten.
FIRM
RECREATION DESIGN AND
Attest: CONSTRUCTION, INC.
By: By:
Title: Title:
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CITY OF MIAMI
Attest:
By:
Priscilla A. Thomspson, City Clerk Pedro H. Hernandez, City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez LeeAnn Brehm
City Attorney Risk Management Administrator
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ATTACHMENT "A"
ADDITIONAL DESIGN WORK
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EXHIBIT B
SCOPE OF SERVICES FOR PHASE II
(AQUATIC FACILITIES1
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ATTACHMENT "C"
FIRMS'PROPOSAL FOR PHASE 11 DATED , 2006.
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