Amendment No. 1 with The Weitz Company ZoIZ-28m0�
EXHIBIT
GMP AMENDMENT No. 1
"EXHIBIT I" TO THE AGREEMENT FOR PRE-CONSTRUCTION SERVICES BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA, AND THE WEITZ COMPANY FOR CONSTRUCTION-MANAGER AT RISK SERVICES
PURSUANT TO RESOLUTION NO. 2012-27831 FOR THE SOUTH POINTE PARK PIER.
THIS GMP AMENDMENT NO.1, made and entered into as of this 12th day of September, 2012 ("GMP
Amendment No. 1") amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA
(also, City)and Construction Manager, The Weitz Company (hereinafter Construction Manager or CM), made as
of the 14th day of May, 2012, for the following described Project:
SOUTH POINTE PARK PIER
1 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA
PARCEL ONE
For the Paint of Beginning commence at a 10` square concrete monument located on the northerly boundary of the U.S. Corps of Engineers Reservation, being
on a bearing of South 6513' East, and a distance of 19.62 feet from the westernmost corner of Lot 6, Black 4 of South Beach Park Subdivision as Shawn in
Flat Book 6, Rage 77, of the public records of Dade County, said monument designated "C" having coordinates of X-784.140.39, and Y-521,712.47. Said
rnonurrent also lies approximately South 24'27'26' West, d distance of 592.30 fee,T South oj, and North 6536'16" Edst. d distance of 554.917 fect nest of the
northeast corner of the northwest 1/4 of Section 14. Tawr=_hip 54 South, Range 42 East. From said Point of Beginning, thence run along the northerly
boundary of said land South 65306" East, passirg thro-49h a monument designated "A', at a distance of 713.87'. a total distance of 1,476.52 fee", more or
leis, to its intersection with the erosion control line established for the Miami aeach renaurishment pro ec: as shaven on :fade County Flat File Number
24-5342-12, Sheet 1 of 14, dated 25 July 1977; run thence South 23'11'12' East, along said erosion control Ilne and Its extersion, a dls:arce of 630.14 feet,
mare or less. to the Mean High Water line of the northerly shoreline of the "O vernmcnt Cut" for the Entrance Channel of Miami Harbor; run thence
northwesterly along said Mean High 'eater line on an approximate bearing of North 657.3519- 'hest, a distance of 1,945.65 ;eet, more or less, to a point on the
Mein High Water line which lies South 24'25'50" West, a distnnce of Y0 feet, mare ar less, fe=rn u. S. Corps of Engineers rn�nurrent '6114 -; thence nun
Korth 24'25'50 " East., a dlstcirce of 50 feet, rnore cr less, to rrionUMent "`+Vltgglns .thence cor,tlnue North 24'251AW East. 370.43 feet to rr,orurnert aC", and
the Point of Beglr.ring.
The above-descrlbed tract cr parcel of lahid contains 16.52 acres, mere or less. The bearings; and dlst.Unues stated herein are based Oh d-,e 'Acmator Gild
System of the East Zone a9 Florida.
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PARCEL T%6.`0
For a Point of Reference commence at monument "C- as described in Parcel Une above, rjn `hence along the northeasterly lire of the U_ $. Corps of
Engineers ReservaJen. North 65'35'12" West, a distance of 151.63 `eet"'rncre or less. to a steel pin set in concrete; designated monument "G'°;. thence run
South 8738'37" West a distance of 208.58 feat along the rorthwcstarly boundary of .he U. S. Gaps of Englrrars Reservation to monument "West". hdvlh g
coordinates of X-784,043.91 and Y-5211,9 66.52, said paint bang the point of aeglnnlrg of the tract beirg described hcrcln. From sold point of Bcglnhlrg. run
thence Sb•Jth 57"4141" 'West, a distance of 226.20 feet to U. 5. Corps of Engineers monument "Virgil", having -coordinates of X-763,902.72 and Y-521,045.63;
thence continue South 57'41'41" 'Wes{ a distance of 4.0 feet, mare or less, to the face of cin existing .steel bulkhead and the approximate ncrh share of the
Entrance Channel to Miami Harbor; thence run Northwesterly along the north shore of Miami Harbor on an approximate bearing of North 32}05'08" 'lest, a
distance cf 132.34' more or less, to a point which lies South 87135'37." West a distance o: 265.09 feet from rronumcnt "'West"'; thence run North 87'38837"
East along the northwesterly boundary of the U. S. Corps of Engineers Reservation pa ssing thru a -concrete monument designated "F- at a distance or 121 -.eet,
more or less, for a total distance of 265-09 feet to monument. "west-, and the Paint of eeginning,
The abovs-described tract cr parcel of land contains 0,35 acre, more or less. The bearings and distances stated herein are based on the Mercator Grid
Systerns of the East Zorn of Florida.
WHEREAS, the Owner and the CM have agreed to amend the Agreement in the manner set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the
Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the Owner and the CM do hereby agree as follows:
1. This GMP Amendment No. 1 is executed in connection with, and is deemed to be part of the
Agreement and the Contract Documents. Wherever the terms of this GMP Amendment No. 1 and the terms of
the Contract Documents are in conflict, the terms of this GMP Amendment No. 1 shall govern and control. The
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terms used herein, unless otherwise defined in this GMP Amendment No. 1 shall have the meanings ascribed to
them in the Contract Documents.
2. The following are hereby incorporated into the Contract Documents and made part thereof:
a. The construction documents listed'on Attachment I, attached hereto, which are made a
part of the Contract Documents by this reference(the"Construction Documents"); and
b. The specifications listed on Attachment II, GMP Amendment No.1, attached hereto,
which specifications are made a part of the Contract Documents by this reference (the
"Specifications"); and
C. Those documents listed on Attachment III, Additional Contract
Documents, refer to the executed pre-construction services agreement, attached hereto,
are made a part of the Contract Documents by this reference; and
d. Those documents listed on Attachment IV, GMP Amendment No.1, GMP Book
inclusive of CM's Proposal, Qualifications and Assumptions attached hereto, are made a
part of the Contract Documents by this reference; and
e. Those documents listed on Attachment V the CM's Salary and Wage Schedule attached
hereto, are made part of the contract Documents by this reference; and
f. The Scope of the Work for the Project, South Pointe Park Pier contemplated in this GMP
Amendment No.1, and as described in Attachment I, GMP Amendment No.1, is
hereby incorporated into the Work; and
g. The Project Schedule will be provided for this Project and is set forth on Attachment VI-
GMP Amendment No.1,attached hereto, are made a part hereof by this reference; and
h. The.CM's Onsite Management and Supervisory Personnel for this Project shall be set
forth herein, and incorporated as Attachment VII to this Agreement.
i. The date of Commencement for the construction of the South Pointe Park Pier Project in
this GMP Amendment No.1, shall commence upon the issuance of Notice To Proceed
(NTP)#2, by the parties hereto(the"Date of Commencement").
j. The CM shall achieve Substantial Completion of the Work for this South Pointe Park Pier
Project contemplated in this GMP Amendment No.1, no later than 410 calendar days
from the issuance of NTP # 2, the Date of Commencement (the "Contract Time"), and
Final Completion, not later than thirty (30) calendar days from the date of Substantial
Completion. Failure to meet either the Substantial Completion or Final Completion dates
shall be a material breach of this Agreement and liquidated damages will be assessed
thereinafter.
k. Upon failure of the CM to substantially complete the Work contemplated in this GMP
Amendment No.1, within the specified period of time, plus any approved time
extensions, CM shall pay to the City the sum of$800 for each calendar day after the time
specified in subsection 20)of this Amendment.
I. The Guaranteed Maximum Price (GMP) for the Scope of Work contemplated in this GMP
Amendment No.1, for the Project South Pointe Park Pier, is hereby guaranteed'by the
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CM not to exceed the sum of $4,809,017. (GMP Amendment No. 1), based upon the
entire Scope of the Work as described in the Contract Documents, as amended herein,
and including, but not limited to, the Construction Documents and the Specifications,
subject only to additions and deductions by Contract Amendment(s) or Construction
Change Directive, as provided in the Contract Documents. The GMP for GMP
Amendment No.1 is more particularly itemized in the Schedule of Values prepared in
accordance with the terms of the Agreement, which Schedule of Values is attached
hereto as Attachment VIII-GMP Amendment No.1, and made a part of the Contract
Documents ,by this reference. Included in the Schedule of Values and specifically
identified herein, the Contingency as defined in Article 1.19 of the Pre-Construction
Services Agreement is in the amount of($202,527).
m. Should the CM realize any savings from the negotiated Schedule of Values, incorporated
as Attachment VIII, the City shall receive 75% of said savings with no line item integrity.
The City reserves the right to audit all contract related documents at any time during the
Project,and at the end of the Project.
n. The CM shall provide Commercial General Liability Insurance, Automobile Liability
Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in
compliance with the provisions of Article II, Insurance and Bonds of the General
Conditions of the Contract for Construction.
o. The CM shall provide the Public Construction Payment Bond and the Public Construction
Performance and Guarantee Bond, in compliance with the provisions of Article II,
Insurance and Bonds of the General Conditions of the Contract for Construction.
p. By executing this GMP Amendment No.1, the CM acknowledges that it has ascertained
and verified all existing underground utilities and has coordinated all correct locations for
points of connection for all utilities, if any, required for this Project and has identified all
clarifications and qualifications for this Project, if any. Utility Locations shall be identified
by the CM and all existing utility connections will be capped as needed, as noted in the
Qualification and Assumptions Statement.
q. To the extent that the Owner has authorized the CM, in writing, to perform the Work
contemplated in this GMP Amendment No.1, for this Project with the Ms own forces,
the salary and wage schedule for the CM's personnel performing such portion of the
Work, agreed upon by the City and the CM, shall be as set forth on-Attachment V-GMP
Amendment No.1, attached hereto, and is made a part of the Contract Documents by
this reference. The CM warrants and represents that the salary and wage schedule
includes the comparable market rates (including any and all benefits, contributions and
insurance) charged by the CM for comparable contracts to other business and individuals
for similar services, and that such rates are not higher than the standard paid for this
Project South Pointe Park Pier.
r. Except as expressly provided herein above all of the terms, conditions, covenants,
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agreements and-understandings contained in the Pre-Construction Contract Documents
.'(and as may-..have been,amended pursuant to GMP Amendment.No.1-and this GMP
Amendment No.1), shall remain unchanged.and in full. force and effect, and the same
hereby expressly ratified and confirmed by the City>and CM.
S. This GMP.Amendment No.1 may be executed 'in several.counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same instrument.
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IIV ih11TIVESS VUHEREOP,the parties have set their hands and seals the day and:year frsf above written.
liTTEsT. THE CITY oFtll1YI v�lf
Fty the�k i Jorge R Exposito _
L'Vice-Mayor
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INC0RP ORATED: _
t
l ATTEST y hl,261 _CONSTRUCTION n�aNe�OER
The,We itz
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P Y;`
CGC1509819 ,
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Jonathari',Sharon�N�1-
4 ) By: �.
John T i, S Vice President
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APPROVED AS TO.
FORM & LANGUAGE
r & FOR EXECUTION
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City Attorne D"ate
y
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