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HomeMy WebLinkAboutGMP Amendment To Agreement 2GMP AMENDMENT TO AGREEMENT GW' BETWEEN THE CITY AND CONSTRUCTION MANAGER AT RISK CONTR L E Pursuant to the Agreement dated ' 3' 26bL„ between theEt Construction Company (CM) for the construction of STAGE I df the Little Haiti Cultural �> AL and CM hereby agree to amend and modify by this Amendment and establish a Guaranteed Maximum ~ Price (GMP) for Construction — STAGE I and timfohcompletion of the Construction Phase as set forth below: 1. CM's GMP for tba—Gott of the Work shall be Five Million and 00/100 ($5,000 000.00) 2. The Construction Manager's Fee for the Construction STAGE I of the Work is hereby established as a lump sum amount of Three Hundred Sixty One Thousand Six Hundred and 00/100 ($361,600.00), and said lump sum amount is included within the above stated GMP. 3. The General Conditions expenses for the Construction STAGE I of the Work are hereby established as a lump sum amount of Seven Hundred Fourteen Thousand Five Hundred Sixty Three and 00/100 ($714,563.00), 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 contingency fund in the amount of Zero Dollars ($0.00) for this project. The CM has no right or entitlement to the contingency fund and use of such funds are subject to the prior written approval and issuance of a Change Order by the City. Any contingency funds remaining at the completion of the Project will be credited from the GMP. 7. If • t the time tota cost GMP -s ($ Fee h be. et forth al payment is -- a increas ), amoun e to the CM for th : Construction S by a• • Amendme n the CM shall o Fifteen •e roved ' ange Or tby exceede entitled to en 15%) incr f the in an amount more than se in the onstru a - n exceedin f the Wor using the Manager's e 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 Five Thousand and 00/100 ($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 I 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. 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 Little Haiti Park Cultural Center, B-30295 August 18, 2006 Page 1 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. 12. 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 Page 2 August 18, 2006 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 By: Pedro G. Hernandez, City Manager ATTEST: riscilla A. Tflompson City Clerk ATTEST: Corate or Company Secretary Suzanne Mannetta Affix Corporate/Company Seal APPROVED AS TO FORM AND CORRECTNESS FOR THE USE AND RELIANCE OF THE CITY OF MIAMI, FLORIDA, ONLY nandez, City Attorne A' - ' e v D AS TO INStRANCE REQUIREMENTS: i /; sk Manageynent Administrator Q 4fl,J IRP 647 Pirtle Construction Company Little Haiti Park Cultural Center, B-30295 August 18, 2006 Pirtle Construction Company Michael S. Geary Executive Authorized Officer Date: 8 /674 Page 3