HomeMy WebLinkAboutExhibitGMP AMENDMENT TO AGREEMENT
BETWEEN THE CITY AND CONSTRUCTION MANAGER AT RISK CONTRACTOR
Pursuant to the Agreement dated between .the Cky:and 'Pirtle Construction
Company (CM) for the construction of STAGE 2 of .the Little Haiti Cultural Center, the City and CM hereby
agree to amend and modify by this Amendment and establish a Guaranteed Maxli'num Price (GMP) for
Construction - STAGE 2 and time for completion of the Construction Phase as set fortfi below:
1 CM's GMP for the Construction Phase of the Work shall be Eight Million Nine Hundred Thousand and
00/100 ($8,900,000.00)
2 The Construction Manager's Fee for the Construction STAGE 2 of the Work is hereby established as a
lump sum amount of Six Hundred Forty Two Thousand Eight Hundred Forty four and 00/100 ($642.844.00),
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 Five Hundred Thirteen Thousand Six Hundred Twenty Six and 001100 ($13,626.00),
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 underthe Agreement shall be made upon submission of proof of
payment by the CM,
6 The City has established a contingency fund in the amount of Seven Hundred forty Five Thousand
Three Hundred Sixty Two and 00/100 ($745,362.00) for this project. The CM has no right or entitlement to the
contingency -fund and _use of such funds .are_subject.to..the_prior..writtenapproval.atld issuance of a Change
. 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 bean increased by approved Change Orders in an amount causing the original GMP as set forth in this
Amendment to by exceeded by more than Fifty Thousand and 00/100_($50,000.00), then the CM shall be
entitled to an increase in the Construction Manager's Fee in the amount of Fifteen percent (15%) of the amount
exceeding the sum of Fiftvlhousand and 00/100 ($ 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 Five Thousand and 00/109 ($5,000,00) 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 (Commencement) 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 Four Hundred Twenty Five (425) days (Construction Time). The Substantial Completion date is
therefore established as 425 days from Commencement.
Little Haiti Park Cultural Center, B-30295 Page 1 Stage 2 GMP August 18, 2006
1 Pursuant to this Agreement, the parties have established a liquidated damages rate for reasons stated
.therein,.which the -parties acknowledge -arid -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 calendar day. CM fails to achieve Substantial Completion for the
Construction Phase with in.the Construction Time.
2 Except as modified herein, the term and conditions of the Agreement remain 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
the terms of this Amendment shall take precedence.
Little Haiti Park Cultural Center, B-30295
Stagg 2 GM?
August 18, 2008
Page 1
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
REQUIREMENTS:
Priscilla A Thompson, City Clerk LeeAnn Brehm, Risk Management Administrator
Pirtle Construction Comoany
ATTEST: Pirtle Construction Company
Corporate or Company Secretary Suzanne Mannetta, Executive Authorized Officer
Michael S. Geary
Affix Corporate/Company Seal Dale:
Litte Haiti Park Cultural Center, B-30295
Stage 2 GMP
August 18, 2006
Page 2