HomeMy WebLinkAboutExhibitGMP 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 STAGE 2 of the Jose Marti Park Gymnasium, the City and CM hereby
agree to amend and modify by this Amendment and establish a Guaranteed Maximum Price (GMP) for
Construction - STAGE 2 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 Six Million Three Hundred Eiohty Thousand
and 00/100 ($6,380,000.00)
2 The Construction Manager's Fee for the Construction STAGE 2 of the Work hereby established as a
lump sum amount of Four Hundred Forty Thousand Three Hundred Twenty and 00/100 ($440,320,00), and said
lump sum amount is included within the above stated GMP.
3 The General Conditions expenses for the Construction STAGE 2 of the Work are hereby established as
a lump sum amount of Four Hundred Twenty Eight Thousand Seven Hundred Sixty Six and 001100
($426,766.00), 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 expenses beyond payment of the above noted
lump sum and CM agrees that it shall not be entitled 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 based upon the percentage of completion of the
portion of Work completed and accepted by the City for the preceding. month.
5 . Direct reimbursements allowed under the Agreement shall be made upon submission of proof of
'payment by the CM:...
6 The City has established a ctingency fund in the amount of Five Hundred Thirty Two Thousand
Seven Hundred Eighty Four and 00/100 ($532,784.00) for this project. The CM has no right or entitlement to
the contingency fund and use of such funds are subject to the prior written approval and issuance of aChange
Order by the City. Any contingency funds remaining at the completion of the Project will be credited from the
GMP.
7 If at the time final payment is made to the CM for the Construction STAGE 2 of the Work the total cost
has been increased by approved Change Orders in an amount causing the original GMP as set forth in this
Amendment to by exceeded by more than Flfiv Thousand and 00/100 ($50,000.00), then the CM shall be
entitled to an increase in the Construction Manager's Fee in the amount of Fifteen percent M.%) of the amount
exceeding the sum of Fifty Thousand and 00/100 ($ 50.000.00).
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 Three Thousand and 00/100 ($3 000.00) 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 STAGE 2 commencement date (Comm- rcement) for the Work is within 30 days;' The
total time for performance of the Work from Commencement through the date required for Substantial
Completion is Three Hundred Sixty Five (365) days (Construction Time). The Substantial Completion date is
therefore established as 365 dabs from Commencement.
11 Pursuant to this Agreement, the parties have established a liquidated damages rate for reasons slated
therein, which the parties acknowledge and agree apply to this Amendment and CM responsibility to complete
Jose Marti Park Gymnasium, B-35857
Stage 2 GMP
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the Work with the Construction Time. Accordingly, the liquidated damages rate established in the Agreement
shall be assessed from CM for each 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 of the Agreement fernain .unchanged. In the event of
a conflict between the terms of this Amendment and those of the Agreement, the City and the CM agree that
Ole terms of this Amendment shall take precedence,
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.
THE CITY OF MIAMI. FLORIDA
THE CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
APPROVED AS TO FORM AND
CORRECTNESS FOR THE USE AND
RELIANCE OF THE CITY OF MIAMI,
FLORIDA, ONLY
By: Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney
• .ATTEST: APPROVED AS TO INSURANCE
a�...- ....:.......
Priscilla A. Thompson, City Clerk
Pirtle Construction Company
ATTEST: Pirtle Construction Company
Corporate or Company Secretary
Michael S. Geary
LeeAnn Brehm, 'Risk Management. Administrator
Suzanne Mannetta, Executive Authorized Offioer
Affix Corporate/Company Seal Date:
Jose Marti Park Gymnasium, a• 35857
Stage 2 .GMP
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