Reso 2013-2036 - Laserfiche WebLink

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(a) This Paragraph amends Section 5.1.2 of the Agreement. The CITY shall receive a credit against the revised GMP in the amount of One Million Three Hundred Sixty Six Thousand Four Hundred Eighty Four Dollars and Seventy Cents ($1,366,484.70) for payments made for pay applications submitted for design services. As of the result of the credit, the revised GMP shall be reduced to Seventeen Million Four Hundred Forty Thousand Dollars ($17,440,000.00). The CITY agrees to provide the CONTRACTOR a remaining balance payment of Seventy Nine Thousand Three Hundred Thirty Five Dollars and Thirty Cents ($79,335.30) to complete the design plans for the Pedestrian Bridge based on applications for payment submitted to the City. The sum total of One Million Two Hundred Seventy Nine Thousand Three Hundred Thirty Five Dollars and Thirty Cents (51,279,335.30) shall be attributed to the design phase of the Project. Ownership in the signed and sealed 100% "Issued for Construction" set of Plans and Specifications shall vest in the CITY once a permit is issued to commence construction. (b) This Paragraph deletes the text of Section 5.1.3 of the Agreement in its entirety. Section 5.1.3 relates to the selection of a restaurant operator by the Contractor. This is no longer a requirement of the Agreement. 5. Design of Pedestrian Bridge and Required Approvals. The CONTRACTOR agrees to provide the CITY within five (5) days after this Third Amendment is executed by both Parties a written list of those items it claims it needs from the CITY in order to finish the design of the Pedestrian Bridge. The CITY agrees to provide the CONTRACTOR the information requested (to the extent the information is available and within the care, custody or control of the CITY) no later than thirty (30) days of the request in order to assist the CONTRACTOR's Architect with completing the design of the Pedestrian Bridge. The CONTRACTOR agrees and understands that a complete set of design plans for the Pedestrian Bridge are necessary for the CITY to secure approvals ("Approvals") from Florida Power & Light ("FPL"), the Florida Department of Transportation ("FDOT") and the Plaza of Americas. The CITY agrees to secure the Approvals within ninety (90)days from the date that construction commences on the Parking Garage Building and the Park or by January I, 2014, whichever occurs first. If the CITY fails to secure the Approvals within the time prescribed, then the CONTRACTOR shall donate to the CITY One Hundred Thousand Dollars ($100,000.00) to be used by the CITY to pay another contractor to construct the Pedestrian Bridge. If for whatever reason, the CITY fails to secure the Approvals and the Pedestrian Bridge must be built by another contractor, the CITY shall not be liable to the CONTRACTOR for any direct, indirect, special and/or consequential losses or damages whether arising in agreement, warranty, tort (including negligence) strict liability or any other cause of action at law or inequity, including but not limited to losses of use, profits, business, reputation or financing associated with the Pedestrian Bridge or this Project in any way. If the CITY is required to secure the services of another contractor to construct the Pedestrian Bridge, then the CITY shall be entitled to use the design plans prepared by the CON FRACTOR without any additional costs. 6. Construction of Pedestrian Bridge. The CONTRACTOR agrees to construct the Pedestrian Bridge at cost plus ten percent (10%) of overhead. Pursuant to the Second Amendment to the Agreement the total cost attributed to the Pedestrian Bridge by the CONTRACTOR was One Million Nine Hundred and Seven Thousand Four Hundred Nine Dollars and Eighty Four Cents (51.907,409.84). This cost figure included overhead and profit. As such, the parties agree to