Reso 2013-2036 - Laserfiche WebLink

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amend the revised GMP to include a new price for the Pedestrian Bridge upon the securing of the Approvals listed in Section 5 above. 7. Contract Time. Section 4.1 of the Agreement shall be amended to extend the Contract Time. Time is of the essence. The CONTRACTOR agrees to complete the design and construction of the entire Project no later than Three Hundred Sixty Five (365) days from the date of issuance of a building permit for the Project, exclusive of the construction of the Pedestrian Bridge. The CONTRACTOR agrees to apply for a building permit for the Project, except for the Pedestrian Bridge, with the Building Department of the City of Sunny Isles Beach no later than October 1, 2013. The CITY shall issue a Notice to Proceed for the construction of the Project, except for the Pedestrian Bridge, upon the issuance of a building permit or no later than sixty (60) days from the date of filing an application for building permit for the Project, whichever occurs first. 8. Payment and Performance Bonds. Except for amendments herein, Article 10 shall remain in full force and effect and nothing herein in this Amendment shall be deemed to modify or change the duties and responsibilities of the CONTRACTOR as it relates to securing a payment bond and performance bond. Each bond must be for the full cost of the Project, excluding the design costs, as required under Section 10.1.2. The performance bond includes the performance of the CONTRACTOR with respect to the design of the plans as well as the subsequent construction of the Project. This is a design build Project and has been since its inception when the CONTRACTOR signed the Agreement on July 21, 2011. The CITY does not waive and has not waived the CON I RACTOR's obligations to secure these necessary bonds. The payment bond is likewise necessary for the design professionals who are performing services for the CONTRACTOR on a subcontract basis as well as the subcontractors, material men, and other laborers who perform services for the CONTRACTOR during the construction of the Project. Section 10.1 of the Agreement requires the CONTRACTOR to secure these two bonds within fifteen (15) days after the issuance of the Notice to Award which in this instance was in 2011, but in any event prior to commencing the work on the Project which includes the design phase of the Project. Section 10.1 of the Agreement is amended to require the CONTRACTOR to submit payment and performance bonds, each in the amount of Sixteen Million Two Hundred Forty Thousand Dollars (S16,240,000.000), upon the request of the CITY within five (5) days of issuance of the building permit for the Project, exclusive of the Pedestrian Bridge. A separate performance and payment bond shall be required for the Pedestrian Bridge. The CITY reserves all of its rights under Article 10 to demand that the CONTRACTOR execute and furnish to the CITY a performance and payment bond in a form acceptable to the CITY at any time. (a) This Paragraph amends Section 10.2 of the Agreement. Payment and performance bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to fifteen percent (15%) of the Guaranteed Maximum Price: 9. Site Investigation. Section 13.8 of the Agreement is deleted in its entirety and replaced with the following: 3