HomeMy WebLinkAboutAmendment No. 1 to AgmtCITY OF MIAMI
AMENDMENT NO. 1 TO THE AGREEMENT FOR DESIGN BUILD SERVICES
WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC.
FOR DESIGN BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION
OF GIBSON PARK, B-30305B
This Amendment No. 1 to the Design Build Services Agreement dated July 6, 2010, (the
"Agreement"), between the City of Miami, a municipal corporation of the State of Florida
("City"), and Recreational Design and Construction, Inc., ("Contractor") a Florida Profit
Corporation, for the provision of Design Build Services for Gibson Park ("Project") is
entered into this 15+fiday of 52-\,ry'2010,
RECITALS
WHEREAS, on March 11, 2010, the City Commission adopted Resolution No.
10-0103, confirming the award to the Contractor pursuant to Request for Proposals
("RFP") •No. 08-09-064 issued July 27, 2009, authorizing the City to enter into an
Agreement with the Contractor for the provision of said services for the Project, in an
amount not to exceed $9,794,667; and
WHEREAS, pursuant to a letter from the Contractor, dated June 1, 2010, and
incorporated into "Section 2 - Supplemental Terms and Conditions, Article 5; Contract
Price" of the Agreement, the Contractor's original Cost Proposal submitted with the RFP
was revised due to changes in the scope of work as requested by the City, resulting in a
reduction of the negotiated contract price in the amount of $149,389, for a final contract
amount not to exceed $9,645,278; and
WHEREAS, additional revisions to the Agreement are deemed necessary and
have been agreed upon by both parties, these revisions result in no fiscal impact to the
City; and
NOW THEREFORE, for the considerations of the foregoing, the parties hereby
amend the Agreement in the following particulars:
Definitions
Section 1, General Terms and Conditions, Article 7: insurance
7.5 Umbrella Policy" Bodily injury and property damage liability with limits of
Three Million Dollars ($3,000,000) each
occurrence and an aggregate limit of Three Million Dollars ($3,000,000) Two
)„
7.9 '
cnmmcnccment of construction)"
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Section 3, Supplemental Terms and Condtions, Article 5: Contract Price
"The City shall pay the Design -Build Firm in accordance with Article 3 of the
Supplemental Terms and Conditions of the Contract, the lump sum of Nine
Million Six Hundred Forty Five Thousand Two Hundred Seventy Eight dollars
($9,645,278) for Phases 1, 1A and 2A, subject to any adjustments in accordance
with the Contract as stipulated in the letter from the Contractor dated June 1,
1010, which is hereby incorporated into and made a part of this Contract. Said
sum shall cover all costs and fees incurred or required for the completion of the
Project. Upon final completion of the Project, should the Project not be able to
obtain a LEED Silver rating, and the deficiencies cannot be corrected to obtain
said rating, the City shall deduct 2% A0 of the cost of the Project."
Section 3, Supplemental Terms and Conditions, Article 7: Liquidated
Damages
"Upon final completion of the Project, should the Project not be able to obtain a
LEED Silver rating, and the deficiencies cannot be corrected to obtain said rating,
the City shall deduct as Liquidated Damages 2% 5% of the cost of the Project to
offset the increased cost of materials used in the effort to meet the LEED Silver
rating."
A new Article of the Agreement is hereby created as set forth below:
Section 3, Supplemental Terms and Conditions, Article 21: Cooperative
Purchase Agreement (new Article)
"Design —Builder agrees #hat its acceptance of this terms and conditions of this
a•reement also constitutes a proposal to all state agencies and •olitical
subdivisions of the state of Florida under the same terms and conditions for the
same prices and for the same effective period as this agreement, should Design -
Builder deem it in the best interest of its business to do so."
"This Article in no way restricts or interferes with an state of •olitical subdivision
of the state of Florida. of Florida municipality, to re -bid or re -propose any or all
items for its own purpose Design -Builder agrees that the Citv shall be the priority
party over any other parties utilizing this Agreement or any •ortion thereof for
work performed b Design -Builder, and that Design -Builder shall •erform its work
for the City first. This Article will be interpreted to comely with and be subject to
all applicable laws of the State of Florida. "
All other terms and conditions of the Agreement remain in operative force and effect.
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ATTEST:
Priscilla A. Thom on,
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, FLORIDA, a municipal
Corporation of te State of Florida
By:
Carlos A. Migoya,
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS:
By:
Julie O. Br r' ity Attorney
Corporate Secretary
Steven B. Westervelt
(Affix Corporate Seal)
REQUIREMENTS:
ment Director
CONTRACTOR
RECREATIONAL DESIGN AND
CONSTRUATION, INC., a Florida Profit
Corporate q/
By:
teven L. Seems,-C ie Executive Officer
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