Items Types:
Orlando Venues
For Meeting of:
September 8, 2014
District: ALL From:
Contract ID: Document Number:
Exhibits: Yes On File (City Clerk) : Yes Draft Only: No
Grant Received by City?: No

Nineteenth Amendment to Construction Contract to Provide Construction Services for the Dr. Phillips Center (DPC)

Dr. Phillips Center for the Performing Arts, Inc. (DPAC) previously entered into an agreement with Balfour Beatty Construction, LLC (Balfour Beatty) to provide Construction Management Services for the new Dr. Phillips Center (DPC) in downtown Orlando, approved by City Council July 13, 2009.  The Construction Contract was amended and restated to provide for completion of pre-construction services and construction of Stage I of the DPC project, approved by City Council May 23, 2011. The Construction Manager (CM) is the prime contractor, responsible for construction of the DPC project, and contracts with sub-contractors and suppliers.  This agreement has been amended eighteen (18) times to date, with a current total Guaranteed Maximum Price (GMP) of $116,630,493.  DPAC wishes to further amend the agreement to expand the current scope of the plaza and site work in Stage #1 to include the full build-out based on the current OCCC Board approved design (also approved by the City, ARB and DPAC) and establish a completion date for this scope of work of October 15, 2014.  Work will include: performance acoustic and lighting infrastructure; expanded site lighting, landscaping/irrigation and hardscape; the CNL Arts Plaza sign; and site furnishings to support a performance venue for 3,000, as stipulated in the Venues Interlocal Agreement between the City and Orange County.  This Nineteenth Amendment (attached) accomplishes the plaza and site work with an increase to the GMP amount of $3,375,007 for an amended GMP amount of $120,005,500.

Section 5.2 of the Orlando Performing Arts Center Agreement between the City, City of Orlando, Florida Community Redevelopment Agency and DPAC dated June 20, 2007, as amended, (PAC Agreement) requires an open and competitive procurement process complying with Chapter 255, Florida Statutes, in the selection of the contractor, and City Council approval of the selection and contract.  In compliance with the PAC Agreement, the CM was selected through a competitive procurement process with City Council approval of the agreement as noted above.  This Nineteenth Amendment has been reviewed by the Owner's Representative PCL Construction Services, Inc. and has been recommended for approval by the Orlando Community Construction Corporation and DPAC.

MWBE participation for this work is: Cornerstone ($2,741,670, WBE, 81.2%), reviewed and approved by the Blueprint Office.

Fiscal & Efficiency Data: This amendment is funded in part from $3,500,000 allowance in the project budget for plaza scope expansion and $360,490 from project contingency (a portion of the plaza scope expansion allowance was allocated to plaza design cost). No additional project funding is required.  This agreement is funded from Performing Arts Center TDT funding, pursuant to the PAC Agreement.

Recommended Action:
Approval of Nineteenth Amendment to Construction Contract, substantially as attached hereto, subject to final review and approval of the City Attorney's Office.

Agenda Item attachment(s) on file in the City Clerks Office.

Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.

Contact: Tim Ackert, Frank Usina
Approved By:

Department Date and Time
Budget Outside Routing Approval 8/28/2014 3:06 PM
City Clerk 8/28/2014 3:17 PM

Name: Description: Type:
DPC_PLAZA_LIMITS_W_OR_AVE_WALK-_EXHIBIT_7-29-14.pdf Plaza Limits of Work Exhibit A Backup Material
Plaza_MWBE_Plan_Acceptance.pdf MWBE Plan Approval Backup Material
FIS_BBC_Am_19.docx FIS Backup Material
DPAC_Revised_DPC_Plaza_Amendment_-rsh_(CJ3clean).docx Draft Amendment 19 Backup Material

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