HomeMy WebLinkAboutExhibit 11GMP AMENDMENT TO AGREEMENT
BETWEEN THE CITY AND CONSTRUCTION MANAGER AT RISK CONTRACTOR
Pursuant to the Agreement dated , between the City and Pirtle
Construction Company (CM) for the construction of the Little Haiti Park Cultural Center, the City and
CM hereby agree to amend and modify by this Amendment and establish a Guaranteed Maximum
Price (GMP) and time for completion of the Construction Phase as set forth below:
1. Cm's GMP for the Construction Phase of the Work shall be
($
2. The Construction Manager's Fee for the Construction Phase of the Work is hereby established
as a lump sum amount of ($ ), and said lump sum
amount is included within the above stated GMP.
.3 The General Conditions expenses for the Construction Phase of the Work are hereby
established as a lump sum amount of ($ ), and said
lump sum amount is included in the above stated GMP. CM acknowledges and agrees that
the City shall have no liability for any General Condition ekp'enses beyond payment of the
above noted lump sum and CM agrees that it shall not: be ent tled to receive any additional
compensation from the City for the General Conditions beyond the lump sum amount unless
expressly adjusted by a Change Order.
4. Monthly installment payments of the GMP shall be used upon the percentage of completion
of the portion of Work completed and accepted by°:lie City for the preceding month.
5. Direct reimbursements allowed under the.4 reement'stiall be made upon submission of proof
of payment by the CM.
6. The City has established a contingency .:4'fund in the amount of
($ ) for this project. The `CM has no right or entitlement to the contingency fund
and use of such funds are subj'eety,,to the•prior written approval and issuance of a Change
Order by the City. Any contingenpy'funds remaining at the completion of the Project will be
credited from the GMP. %
7. If at the time final payment is,'n1i de to the CM for the Construction Phase of the Work the total
cost has been increased by."6,pproved Change Orders in an amount causing the original GMP
as set forth in ``''this Amendment to by exceeded by more than
($ ), then'=the.'CM shall be entitled to an increase in the Construction Manager's
Fee in the amount' of (•_•^%) of the amount exceeding the sum of
($ ).
8. CM acknowledges that this Agreement includes Work for trench excavation and that the
requirements set forth in Section 553.63 of the Florida Statutes titled Trench Safety Act apply.
CM certifies that the required trench safety standards will be in effect during the Work.
9. The amount of ($ ) has been separately
identified for the cost of compliance with the required trench safety standards and said amount
is included within the GMP.
10. The Construction Phase commencement date (Commencement) for the Work is . The
total time for performance of the Work from Commencement through the date required for
Substantial Completion is ( ) days (Construction Time). The Substantial
Completion date is therefore established as
11. Pursuant to this Agreement, the parties have established a liquidated damages rate for
reasons stated therein, which the parties acknowledge and agree apply to this Amendment
and CM responsibility to complete the Work with the Construction Time. Accordingly, the
liquidated damages rate established in the Agreement shall be assessed from CM for each
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calendar day CM fails to achieve Substantial Completion for the Construction Phase with in
the Construction Time.
12. Except as modified herein, the term and conditions gandrthose of the Agreement. In
, the
the event of a conflict between the terms of this
Amendment
City and the CM agree that the terms of this Amendment shall take precedence.
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